Design Act (Act No. 125 of 1959 ) 
Latest revision:  Act No. 51 of June  14, 2023 
 
Table of Contents  
Chapter I General Provision s (Article 1 and Article 2)  
Chapter II Design Registrations and Applications for Design Registration (Article 
3 through Article 15)  
Chapter III Examination (Article 16 through Article 19)  
Chapter IV Design Right  
Section 1 Design Rights (Article 20  through  Article 36)  
Section 2 Infringement of rights (Article 37 through  Article 41)  
Section 3 Registration Fees (Article 42 through  article 45)  
Chapter V Trials and Appeals (Article 46 through Article 52)  
Chapter VI Retrial and Litigation (Article 53 through  Article 60 -2) 
Chapter VI -2 Special Provisions based on Geneva Act of the Hague Agreement 
concerning the International Registration of Industrial Designs  
Section 1 Application for International Registrat ion (Article 60 -3 through この意匠 法の翻訳は、 令和5年法律第 51号までの改正（ 令和6年1月1日施行）
について作成したものです。  
この法令の翻訳は公定訳ではありません。 法的効力を有するのは日本語の法令自体
であり、翻訳はあくまでその理解を助けるための参考資料です。この翻訳の利用に伴
って発生した問題について、一切の責任を負いかねますので、法律上の問題に関して
は、官報に掲載された日本語の法令を参照してください。  
 
  This English translation of the Design Act has been prepared (up to the 
revisions of Act No. 51 of 20 23 (Effectiv e January  1, 2024)). 
 This is an unofficial translation. Only the original Japanese texts of laws and 
regulations have legal effect, and the translations are to be used solely as reference 
material to aid in the understanding of Japanese laws and regulations.  
  The Government  of Japan shall not be responsible for the accuracy, reliability 
or currency of the legislative material provided in this Website, or for any 
consequence resulting from use of the information in this Website. For all purposes 
of interpreting and applying l aw to any legal issue or dispute, users should consult 
the original Japanese texts published in the Official Gazette.  
  Article 60 -5) 
Section 2 Special Provisions Concerning International Applications for 
Design Registration (Article 60 -6 through Article 60 -23) 
Chapter VII Miscellaneous Provisions (Article 60 -24 through  Article 68)  
Chapter VIII Penal Provisions (Article 69 through  Article 77)  
Supplementary Provisions  
 
Chapter I General Provision s 
 
(Purpose)  
Article 1 The purpose of this Act is, through promoting the protection and the 
utilization of designs, to encourage creation of designs, and thereby to contribute 
to the development of industry.  
 
(Definition ) 
Article 2(1) "Design" in this Act shall mean  the shape, patterns or colors, or any 
combination thereof  (hereinafter referred to as the shape, etc.),  of an article 
(including a part of an article, the same shall apply  hereinafter ), the shape, etc. of 
a building (including a part of a building, the same shall apply hereinafter), or a 
graphic image (limited to those provided for use in the operation of the device or 
those  displayed as a result of the device performing its function, and including a 
part of  a graphic  image,  the same shall apply hereinafter excluding  Article 3(2), 
Article 3 7(2), Article 38(vii) and (viii) , Article 44 -3(2)(vi) and Article 5 5(2)(vi)), 
whic h creates an aesthetic impression through the eye . 
(2) "Working " of a design in this Act shall mean  the following  acts; 
 (i) Manufacturing , using, assigning, leasing, exporting or importing  (including an 
act of a person in a foreign country having another person bring an article to the 
design from the foreign country into Japan; the same shall apply hereinafter) , or 
offering for assignment or lease (including displaying for the purpose of assignment 
or lease, the same shall apply  hereinafter) of an article to the design ; 
(ii) Building, using, assigning or leasing, or offering for assignment or lease of a 
building to the design;  
(iii) Acts falling under any of the following performed for  a graphic image to the 
design (including a computer program , etc. ( refers to  a computer program , etc. 
provided in Article 2(4) of the Patent Act (Act No.121 of 1959) ; the same shall apply 
hereinafter)  that ha s a function to display the graphic image and the same shall apply 
in the following items);  
(a) Creating, using, or providing through an electric telecommunication line or 
offering  for the provision  (including displaying for the purpose of provision , the same 
shall apply hereinafter)  of the graphic  image to the design ; 
(b) Assigning, leasing, exporting or importing, or offering for assignment or lease of  a recording medium that has recorded  the graphic image to the design  or a device 
incorporating the graphic image to the design  (hereinafter referred to as a "graphic 
image recording medium, etc.") ; 
(3) "Registered design" in this Act mean s a design for which a design registration 
has been granted.  
 
Chapter II Design Registrations and Applications for Design Registration  
 
(Conditions for Design Registration)  
Article 3  (1) A creator of a design that is industrially applicable may be entitled to 
obtain a design registration for the design, except for the following:  
(i) designs  that were publicly known in Japan or a foreign country, prior to the 
filing of the application for design registration;  
(ii) designs  that were described in a distributed publication, or designs that were 
made publicly available through an electric telecom munication line in Japan or 
a foreign country, prior to the filing of the application for design registration; or  
(iii) designs  similar to those prescribed in the preceding two items.  
(2) Where, prior to the filing of the application for design registratio n, a person 
ordinarily skilled in the art of the design would have been able to easily create the 
design based on the shape, etc. or graphic images  that were publicly known , 
described  in a distributed publication or made publicly available through an 
elect ric telecommunication line  in Japan or a foreign country, a design registration 
shall  not be granted for such a design (except for designs prescribed in any of the 
items of the preceding paragraph), notwithstanding the preceding paragraph.  
 
Article 3 -2 Where a design in an application for design registration is identical with 
or similar to part of a design described in the statement in the application and 
drawing, photograph, model or specimen attached to the application of another 
applicatio n for design registration which has been filed prior to the date of filing 
of the application and published after the filing of the application in the design 
gazette pursuant to Article 20 , paragraph (3) or Article 66 , paragraph (3) 
(hereinafter referred t o in this Article as the "earlier application"), a design 
registration may not be granted for such a design, notwithstanding paragraph (1) 
of the preceding Article; provided, however, that this does  not apply where the 
applicant of the application and the applicant of the earlier application are the 
same person and the application was filed before the date when the design 
gazette  in which the earlier application was published pursuant to  Article 20 , 
paragraph (3) (except for a design gazette  in which the ma tters listed in Article 
20, paragraph (3), item ( iv) were published pursuant to  Article 20 , paragraph (4)) 
was issued.  
  (Exception to lack of novelty of design ) 
Article 4(1) In the case of a design which has fallen under item (i) or (ii) of Article 
3(1) ag ainst the will of the person having the right to obtain a design registration, 
such a design shall be  deemed not to have fallen under item (i) or (ii) of Article 3(1) 
for the purposes of Article 3(1) and (2) for any design in an application for design 
registration which has been filed by the said person within one year  from the date 
on which the design first fell under either of those items.  
(2) In the case of a design which has fallen under item (i) or (ii) of Article 3(1) as a 
result of an act of the person having the right to obtain a design registration 
(excluding those which have fallen under item (i) or (ii) of Article 3(1) by being 
published in a gazette relating to an invention, utility model, design or trademark), 
the preceding paragraph shall also apply  for the purposes of Article 3(1) and (2) to 
any design in an application for design registration which has been filed by the 
said person within one year  from the date on which the design first fell under either 
of those items.  
(3) A person seeki ng the application of the preceding paragraph must submit to the 
Commissioner of the  Japan  Patent Office, at the time of filing of the application 
for design registration, a document stating that the person is seeking the 
application and, within thirty day s from the date of filing of the application for 
design registration, a document proving the fact that the design which has fallen 
under Article 3, paragraph (1), item (i) or (ii) is a design to which the preceding 
paragraph ( hereinafter  referred to as a " certificate" in this Article  and Article 60 -
7) may be applicable.  However, in cases where there have been two or more acts 
of a person having the right to obtain a design registration which have resulted in 
it falling under Article 3, paragraph (1), item ( i) or (ii) of the Design Act in 
respect of the identical or similar design , it would be sufficient to submit the 
certificate with respect to one of the two or more acts conducted on the earliest 
date.  
(4) Notwithstanding the preceding paragraph, where t he person is unable to submit 
the certificate within the time limit as provided in the paragraph , due to cause 
not attributable to the person,  the person may submit to the Commissioner of the 
Patent Office the certificate within 14 days (where overseas resident, within two 
months) from the date on which the cause ceased to be applicable, but not later 
than six months following the expiration of the time limit.  
 
(Unregistrable designs)  
Article 5 Notwithstanding Article 3, the following designs may not be registered.  
(i) a design that has a risk  to impair  public  policy ; 
(ii) a design which is liable to create  confusion with an article , building or  graphic 
image  pertaining to another person's business; or  
(iii) a design solely consisting of a shape that is indispensable for securing  Commenté [I1]: 「the identical or similar design 」
→「identical or similar designs 」かどうか検討。  
→このままで良いと思いました。   functions of the article  or a shape that is indispensable for usage  of the 
building, or a design solely consisting of a display  that is indispensable  for 
usage  of the graphic image . 
 
(Provisional non -exclusive license)  
Article 5 -2 (1) A person who has the right to obtain a design registration may grant 
a provisional non -exclusive license of the design right to be obtained based on the 
right to obtain a design registration to a third person within the scope of a design 
stated in the application for design registration and depicted in the drawing, or 
represented in the photograph, model or specimen attached to the application or a 
design similar thereto.  
(2) Where a design right has been registered  for its establishment  with regard to 
the application for design registration pertaining to the provisional non -exclusive 
license under the preceding paragraph, a non -exclusive license is deemed to have 
been granted with  regard to the design right to a person who has the provisional 
non-exclusive license to the extent permitted by the contract granting the 
provisional non -exclusive license.  
(3) The provisions of Article 33 , paragraphs  (2) and (3), Article 34-3, paragraph s (4), 
(6), (8) through  (10) and Article 34-5 of the Patent Act apply  mutatis mutandis to 
a provisional non -exclusive license. In this case, the term "Article 46 , paragraph  
(1)" in Article 34 -3, paragraph  (8) of the Patent Act is deemed to be replaced with 
"Article 13 , paragraph  (2) of the Design  Act," the term "Article 46 , paragraph  (2) 
of the Patent Act with regard to an application for design registration pertaining 
to a provisional non -exclusive license under Article 5 -2, paragraph  (1) of the 
Design Act (Act No.125 of 1959)" in Article 34 -3, paragraph  (9) of the Patent 
Article is deemed to be replaced with "Article 13 , paragraph  (1) of the Design Act 
with regard to a patent application pertaining to a provisional non -exclusive 
license under paragraph (1) or (4) of the preceding Article."  
 
(Application for  design reg istration)  
Article 6  (1) A person requesting a design registration must  submit to the 
Commissioner of the Patent Office an application stating the following matters 
and a drawing depicting the design for which registra tion is requested:  
(i) the name, and domicile or residence of the applicant for the design 
registration;  
(ii) the name and domicile or residence of the creator of the design; and  
(iii) the article to the design , or the usage  of the building or graphic image to the 
design.  
(2) Where so provided by an Order of the Ministry of Economy, Trade and Industry, 
the applicant may submit photograph, model or specimen representing the design  for which the registration is requested, in lieu of the drawing in  the preceding 
paragraph. In this case, the applicant must  indicate in the application which 
among photograph, model and specimen is submitted.  
(3) When neither the statement of the article to the design or the application of the 
building  to the design required under item (iii) of paragraph (1 ), nor the drawing, 
photograph or model attached to the application would enable a person ordinarily 
skilled in the art to which the design pertains to understand the material or size 
of the article  or building , and by this reason such a person would not be able to 
recognize the design, the material or size of the article or building to the design 
shall  be specified in the application.  
(4) Where the shape, patterns or colors of the article , the shape, p atterns or colors 
of the building , or the graphic image  to the design is changeable based on the 
function possessed by the article, building or graphic image if the applicant 
intends to request a design registration of the shapes, etc. the article, the sha pes, 
etc. of the building or the graphic image  as it appears before, during and after the 
said change, he/she shall  state such an intention and include an explanation of 
said function of the article , building  or graphic image  in the application.  
(5) Where colors of the design are applied to the drawing, photograph or model to be 
submitted pursuant to  paragraph (1) or (2), the applicant may omit the 
application of colors to either black or white.  
(6) When the applicant omits to  apply color to either black or white pursuant to  the 
preceding paragraph, the applicant must  state thereof in the application.  
(7) Where the applicant submits the drawing depicting the design pursuant to  
paragraph (1) or the photograph or model representing the design pursuant to  
paragraph (2), if the whole or part of the article , building  or graphic image  to the 
design is transpa rent, the applicant must  state thereof in the application.  
 
(One application per design)  
Article 7 An application for design registration must  be filed for each design as 
provided by an Order  of the Ministry of Economy, Trade and Industry.  
 
(Design for a set of articles)  
Article 8 A design for  two or more articles , buildings or graphic images used together 
and are specifically designated by Order  of the Ministry of Economy, Trade and 
Industry (hereinafter referred to as a "Set of Articles") may be filed as  one design, 
and obtain ed a design registration where  the Set of Articles has a sense of unity 
as a whole . 
 
(Design for interior)   Article 8 -2 A designs for articles, buildings or graphic images that constitute 
equipment  and decorations inside  a store, office and  the other facilit ies (hereinafter 
referred to as " Interior") may be filed as  one design , and obtain ed a design 
registration  where the Interior create a  coordinated aesthetic impression as a 
whole . 
 
(Prior application)  
Article 9  (1) Where two or more applications for design registration have been filed 
for identical or similar designs on different dates, only the applicant who filed the 
application for design registration on the earliest date may be entitled to obtain a 
design reg istration for the design.  
(2) Where two or more applications for design registration have been filed for 
identical or similar designs on the same day, only one applicant, who was selected 
by consultations between the applicants who filed the applications, is entitled to 
obtain a design registration for the design. Where no agreement is reached by 
consultations or consultations are unable to be held, none of the applicants is 
entitled to obtain a design registration for the design.  
(3) Where an application f or design registration has been waived, withdrawn or 
dismissed, or where the examiner's decision or appeal  and trial decision to the 
effect that an application for design registration is to be refused has become final 
and binding, the application for desig n registration, for the purpose of the 
preceding two paragraphs, is deemed never to have been filed; provided, however, 
that this does  not apply to the case where the examiner's decision or appeal  and 
trial decision to the effect that the application for d esign registration is to be 
refused has become final and binding on the basis that the latter sentence of the 
preceding paragraph is applicable to that application for design registration.  
(4) In the case of paragraph (2),  the Commissioner of the Patent Office must  order 
the applicants to hold consultations as specified under paragraph (2) and to 
report the result thereof, designating an adequate time limit.  
(5) Where no report under the preceding paragraph is submitted within t he time 
limit designated pursuant to that paragraph, the Commissioner of the Patent 
Office may deem that no agreement under paragraph (2) has been reached.  
 
(Amendment of statement in the application or the drawing and change of gist)  
Article 9 -2 Where, af ter the registration establishing a design right, it is found 
that an amendment made to any statement in the application (excluding the 
statements listed in items (i) and (ii) of Article 6 , paragraph  (1) and the 
statement made pursuant to  Article 6 , paragraph  (2), the same applies to 
Article 17 -2, paragraph  (1) and Article 24 , paragraph  (1)) or to the drawing, 
photograph model or specimen attached to the application has changed the gist 
thereof, the application for design registration is deemed to have been filed at  the time of submission of the written amendment of proceedings therefor.  
 
(Related designs)  
Article 10(1) Notwithstanding Article 9(1) or (2), an applicant for design registration 
may obtain design registration of a design that is similar to another design selected 
from the applicant's own designs either for which an application for design 
registration has been filed or for which design registration has been granted 
(hereinafter the selected design is referred to as the "Principa l Design" and a 
design similar to it is referred to as a "Related Design"), if the filing date of the 
application for design registration of the Related Design (or when the application 
for design registration of the Related Design contains a priority claim  under Article 
43(1) , 43 -2(1), 43 -3(1) or 43 -3(2) of the Patent Act as applied mutatis mutandis 
under Article 15 (1) of this Act, the filing date of the earliest application, the filing 
date of an application that is deemed to be the earliest application under  Article 
4.C(4) of the Paris Convention for the Protection of Industrial Property of March 
20, 1883, as revised at Brussels on December 14, 1900, at Washington on June 2, 
1911, at Hague on November 6, 1925, at London on June 2, 1934, at Lisbon on 
October 31, 1958, and at Stockholm on July 14, 1967, or the filing date of an 
application that is recognized as the earli est application under  Article 4 (A)2 of the 
Paris Convention, hereinafter the same shall apply  in this paragraph) is on or after 
the filing date of the application for design registration of the Principal Design and 
before a lapse of  10 years from the date of filing of  the application for design 
registration of the Principal Design ; provided, however, that this shall not apply  to 
a case where the design right of the Principal Design has been extinguished  under 
the Article 44(4), appeal  and trial decision to the effect that the design right of the 
Principle Design is to be invalidated has become final and binding , or the design 
right of a Principal Design has been waived at the time of the  establishment of the 
design right  of the Related Design . 
(2) Among the applicants own design s which have  fallen under item (i) or (ii) of 
Article 3, paragraph (1 ), those which are identical with or similar to the Principal 
Designs of the design for which the registration is requested under the preceding 
paragraph shall be  deemed not to have fallen under item (i) or (ii) of the said Article, 
paragraph (1), for the purposes of the said Article, paragraph (1) and (2) for such a 
design for which the registration is requested.  
(3) The design for which the registration is reques ted under paragraph (1), for the 
purpose of  application of the proviso to Article 3 -2, the term  except for a design 
bulletin in which the matters listed in Article 20(3)(iv) were published under 
Article 20(4) in the proviso to Article 3 -2 shall be  deemed t o be replaced with  where  
the secrecy is requested  for the earlier application  for design registration under 
Article 1 4(1), limited to a design bulletin in which the matters listed in Article 
20(3)  (iv) were published under  Article 20(4).   (4) With respect to a design similar only to a Related Design to be to be registered 
under paragraph (1), the Related Design shall be deemed to be the Principal Design 
and a design registration may be granted to the design under the sa id paragraph. 
The same shall apply to  a design that is similar only to the Related Design for 
which the design registration above may be granted  and to a design  that is similar 
only to the gradual R elated Design linked to the Related Design.  
(5) In the case of the preceding paragraph, for the purpose of application of the 
paragraph (1) , the term "the Principal Design" in the sa id paragraph shall be  
deemed to be replaced with  "the primarily  selected  design pertaining to the Related 
Design ". 
(6) Whe re an exclusive license has been established for the design right of the 
Principal Design, a design registration shall  not be granted to its Related Designs, 
notwithstanding the paragraph  (1) and (4).  
(7) Where applications for design registration of the Related Design are filed , if the 
application s for design registration are for two or more designs and each of such 
designs falls under  the Related Designs (refers to the Related Designs of the 
Fundamental  Design and the gradual  Related Design s linked to the Related Design, 
the same shall apply hereinafter ) pertaining to the Fundamental  Design ( refers to 
the primarily  selected design pertaining to the Related Design , the same shall 
apply hereinafter ), Article 9(1) or (2) shall  not apply to these  designs . 
(8) In the case as provided  in the preceding paragraph, among the applicants own 
design s which have  fallen under item (i) or (ii) of Article 3, paragraph (1) , those 
which are  identical with or similar to the Related Design pertaining to the 
Fundamental  Design ( excluding the  cases where an application for design 
registration of the Related Design has been waived, withdrawn or dismissed, or 
where the examiner's decision or appea l and trial decision to the effect that an 
application for design registration of the Related Design is to be refused has become 
final and binding, or the design right of the Related Design has been extinguished 
under Article 4 4(4) or appeal  and trial deci sion to the effect that the design right 
of the Related Design is to be invalidated has become final and binding or the 
design right of the Related Design has been waived)  shall be deemed not to have 
fallen under item (i) or (ii) of Article 3, paragraph (1 ) for the purposes of said Article, 
paragraph (1) and (2) for such  a design for which the registration is requested 
under the paragraph (1).  
 
(Division of applications for design registration)  
Article 10 -2 (1) An applicant for design registration may extract one or more new 
applications for design registration out of a single application for design 
registration containing two or more designs only while examination, appeal  and 
trial or retrial of the application for design registration is pending.  
(2) Where an application for design registration is divided under the preceding  paragraph, the new application (s) for design registration shall be  deemed to have 
been filed at the time of the filing of the original application; provided, howeve r, 
that this shall  not apply for the purposes of applications of Article 4(3) of this Act 
and Article  43(1) and (2) of the Patent Act as applied mutatis mutandis pursuant 
to Article 15 (1) of this Act (including the cases where they are applied mutatis 
muta ndis pursuant to Article 43 -2(2) of the Patent Act  (including the cases where 
they are applied mutatis mutandis pursuant to Article 43 -3(3) of the Patent Act 
as applied mutatis mutandis pursuant to Article 15 (1) of this Act )and Article 43 -
3(3) of the Paten t Act as applied mutatis mutandis pursuant to Article 1 5(1) of 
this Act).  
(3) If a new application for design registration is filed pursuant to the provisions of  
paragraph (1), any papers  or documents which have been submitted in relation to 
the original application for design registration (in the case of a submission under 
Article 43, paragraph (2) of the Patent Act as applied mutatis mutandis pursuant 
to paragraph (1) of Article 15 (incl uding as applied mutatis mutandis pursuant to 
Article 43 -2, paragraph (2) of the Patent Act as applied mutatis mutandis 
pursuant to paragraph (1) of Article 15 (including as applied mutatis mutandis 
pursuant to Article 43 -3, paragraph (3) of the Patent Act  as applied mutatis 
mutandis pursuant to paragraph (1) of Article 15, the same shall apply 
hereinafter in this paragraph) and as applied mutatis mutandis pursuant to 
Article 43 -3, paragraph (3) of the Patent Act as applied mutatis mutandis 
pursuant to para graph (1) of Article 15), including papers or documents provided 
by electronic or magnetic means (meaning by electronic means, magnetic means, 
or other means that is impossible to perceive through the human senses alone)) 
and are required to be submitted i n relation to the new application under Article 
4, paragraph (3) of this Act and Article 43 , paragraphs (1) and (2) of the Patent 
Act as applied mutatis mutandis pursuant to  Article 15 of this Act (including as 
applied mutatis mutandis pursuant to Article 43-2, paragraph (2) of the Patent 
Act (including as applied mutatis mutandis pursuant to Article 43 -3, paragraph 
(3) of the Patent Act as applied mutatis mutandis pursuant to Article 15 , 
paragraph (1) of this Act) is deemed to have been submitted to the Co mmissioner 
of the  Japan  Patent Office along with the new application for design registration.  
 
Article 11 Deleted  
 
Article 12 Deleted  
 
(Conversion of application)  
Article 13  (1) An applicant of a patent may convert the patent application into an 
application for design registration; provided, however, that this does  not apply  after the expiration of three months from the date the certified copy of the 
examiner's initial decisio n to the effect that the patent application is to be refused 
has been served.  
(2) An applicant of a utility model registration may convert the application for a 
utility model registration into an application for design registration  
(3) Where the period pro vided in Article 121 , paragraph  (1) of the Patent Act is 
extended pursuant to  Article 4 of the Act, the period provided in the proviso to 
paragraph (1) is deemed to have been extended only for that period so extended.  
(4) Where an application is converted under paragraph (1) or (2), the original 
application is deemed to have been withdrawn.  
(5) When there is a person who has a provisional exclusive license on a patent 
application,  an applicant of the patent  may convert the patent application 
pursuant to paragraph (1) only in the case where the consent of the person is 
obtained.  
(6) The provisions of Articles 10 -2, paragraphs  (2) and (3) apply mutatis mutandis 
to the case of conversion of an application under paragraph (1) or (2).  
 
(Special provisions on conversion of application concerning international 
applications under the Patent Cooperation Treaty)  
Article 13 -2 (1) An international application that has been deemed to be a patent 
application pursuant to  Article 184 -3, paragraph  (1) or 184 -20, paragraph  (4) of 
the Patent Act may be converted to an application for design registration, only 
after the fees payable pursuant to  Article 195 , paragraph  (2) of the Act have been 
paid (or, in the case of an international application that is deemed to be a patent 
application pursuant to  Article 184 -20, paragraph  (4) of the Act, after the ruling 
as provided in 184 -20, paragraph  (4) has been rendered), and, in the case of a 
Patent Application in Japanese Language under Article 184 -6, paragraph  (2) of 
the Act, the proce dures under Article 184 -5, paragraph  (1) of the Act have been 
completed, or, in the case of a Patent Application in Foreign Language under 
Article 184 -4, paragraph  (1) of the Act, the procedures under Articles 184 -4, 
paragraph  (1) or (4) and 184 -5, paragraph  (1) of the Act have been completed.  
(2) An international application that has been deemed to be an application for 
utility model registration under Article 48 -3, paragraph  (1) or 48 -16, paragraph  
(4) of the Utility Model Act (Act No. 123 of 1959)  may be converted to an 
application for design registration, only after the fees payable under Article 54 , 
paragraph  (2) of the Act have been paid (or, in the case of an international 
application that is deemed to be an application for utility model regist ration 
under Article 48 -16, paragraph  (4) of the Act, after the ruling as provided in 
Article 48 -16, paragraph  (4) has been  given ), and, in the case of a Utility Model 
Application in Japanese under Article 48 -5, paragraph  (4) of the Act, the 
procedures under Article 48 -5, paragraph  (1) of the Act have been completed, or,  in the case of a Utility Model Application in Foreign Language under 48 -4, 
paragraph  (1) of the Act, the procedures under Articles 48 -4, paragraph  (1) or (4) 
and 48 -5, paragra ph (1) of the Act have been completed.  
 
(Secret design)  
Article 14  (1) An applicant for design registration may request that the design be 
kept in secret for a period designated in the request of no more than three years 
from the date of the registration establishing the design right.  
(2) A person filing a request under  the preceding paragraph must  submit to the 
Commissioner of the Patent Office, at the time of filing of the application for 
design registration or payment of registration fee for the first year under Article 
42, paragraph  (1), a document stating the followin g: 
(i) the name and domicile or residence of the applicant for design registration; 
and 
(ii) the period for which the secrecy is requested.  
(3) The applicant for design registration or the holder of design right may request 
extension or reduction of the period for which the secrecy is requested pursuant 
to paragraph (1).  
(4) The Commissioner of the Patent Office must  disclose the design for wh ich the 
secrecy is requested under paragraph (1) to persons other than the holder of the 
design right, when:  
(i) consent of the holder of  the design right to do so has been obtained;  
(ii) so requested by a party or an intervenor of examination, appeal  and trial, 
retrial or litigation relating to the design or a design identical with or similar to 
the design;  
(iii) so requested by a court; or  
(iv) so requested by an interested person who has submitted a document stating 
the name of the holder of the design r ight and the registration number and 
other documents required by an Order  of the Ministry of Economy, Trade and 
Industry  to the Commissioner of the Patent Office . 
 
(Application mutatis mutandis of provisions of the Patent Act)  
Article 15(1) Articles 38 (joint applications ) and 43 to 43 -3(procedures for a priority 
claim  under the Paris Convention , and priority claims recognized  under the Paris 
Convention) of the Patent Act shall apply mutatis mutandis to applications for 
design registration. In  this case, the term "within the time limit provided by 
Ordinance  of Ministry of the Economy, Trade and Industry" in Article 43(1) of said 
Act shall be  deemed to be replaced with "at the time of filing of the application for 
design registration "; the term "within one year and four months from the earliest 
of the following dates" in Article 43(2) of the said Act shall be  deemed to be replaced 
with "within three months from the date of filing of the application for design  registration".  
(2) The provisions of Article 33 and Article 34 , paragraphs  (1), (2) and (4) through  
(7) of the Patent Act (right to obtain patent) apply mutatis mutandis to the right 
to obtain the design registration.  
(3) The provisions of Article 35  (excluding except the part pertaining to a  
provisional exclusive license) (inventions by employees) of the Patent Act appl y 
mutatis mutandis to creation of a design by an employee, an officer of a  
corporation , or a national or local government employee.  
 
Chapter III Examin ation  
 
(Examination by examiner)  
Article 16 The Commissioner of the Patent Office must  have an examiner examine  
applications for design registration.  
 
(Examiner's decision of refusal)  
Article 17 The examiner must  render a decision to reject the application for design 
registration where the application for design registration falls under any of the 
following:  
(i) the design in the application for design registration is not registrable under 
Article  3, 3-2, 5, 8, 8-2, 9(1) or (2), 10(1 ), (4) or (6 ) of this Act, Article 38 of the 
Patent Act as applied under Article 15(1) of this Act, or Article 25 of the Patent 
Act as applied under Article 68(3) of this Act;  
(ii) the design in the application for design registration is not registrable pursuant 
to the provisions of any relevant treaty;  
(iii) the application for design registration does not comply with the requirements 
under Article 7; and  
(iv) where an applicant of a design registration does not have the right to obtain a 
design registration on the de sign for the  design.  
 
(Dismissal of amendments)  
Article 17 -2 (1) Where an amendment made to any statement in the application, or 
to the drawing, photograph, model or specimen attached to the application has 
changed the gist thereof, the examiner must  dismiss the amendment by a ruling.  
(2) The ruling dismissing an amendment under the preceding paragraph must  be 
made in writing and state the reasons therefor.  
(3) Where the ruling dismissing an amendment under the preceding paragraph (1) 
has been rendered, the examiner must  not render a decision on the application 
for design registration before the expiration of three months from the date on 
which a certified co py of the ruling has been served.  
(4) Where an applicant for design registration files a request for appeal against an  examiner's ruling dismissing an amendment under paragraph (1), examination of 
the application for design registration must  be suspended u ntil the appeal  and 
trial decision becomes final and binding.  
 
(New application for amended design)  
Article 17 -3 (1) Where an applicant for design registration files  a new application 
for design registration for the amended design  within three months from the date 
on which a certified copy of the ruling dismissing an amendment under 
paragraph (1) of the preceding Article has been served , the new application is 
deemed to have been filed at the time when the written amendment of 
proceedings for the amendment was submitted.  
(2) Where a new application for design registration is filed under the preceding 
paragraph, the original application for design registration is deemed to have been 
withdrawn.  
(3) The provisions of  the preceding two paragraphs appl y only when the applicant 
for design registration has submitted to the Commissioner of the Patent Office, at 
the time of the filing of a new application, a document stati ng a request for the 
application of paragraph (1) to the new application for design registration under 
paragraph (1). 
 
Article 17 -4 (1) The Commissioner of the Patent Office may, upon request or ex 
officio, extend the period provided for in paragraph (1) of the preceding Article for 
a person in a remote area or an area with transportation difficulty.  
(2) The chief administrative judge may, upon request or ex officio, extend the period 
provided for in paragraph (1) of the preceding Article as applied mutatis 
mutandis under Article 50 , paragraph  (1) (including its application under Article 
57, paragraph  (1)) for a person in a remote area or an area with transportation 
difficulty.  
 
(Examin ation of  a design registration)  
Article 18 Where no reason  for refusal is found for an application for design 
registration, the examiner must  give a decision to the effect that a design 
registration is to be granted.  
 
(Application mutatis mutandis of provisions of the Patent Act)  
Article  19 The provisions of Article 47 , paragraph  (2) (Qualifications of Examiners), 
Articles 48 (Exclusion  of Examiners ), 50 (Notice  of Grounds  for Rejection ), 52 
(Formal Requirements  for Examiner 's Decision ) and 54  (In Relation  to 
Litigation ) of the Patent Act apply mutatis mutandis to examination of 
applications of design registration.  
  Chapter IV Design Right  
 
Section 1 Design Rights  
 
(Registration of establishment of a design right)  
Article 20  (1) A design right become s effective upon registration of its 
establishment.  
(2) The establishment of a design right is registered where the registration fee for 
the first year under Article 42 , paragraph  (1) has been paid.  
(3) Where the registration under the preceding paragraph h as been effected, the 
following matters must  be published in the design gazette : 
(i) the name, and the domicile or residence of the holder  of the design right;  
(ii) the number and the filing date of the application for the design registration;  
(iii) the registration number and the date of registration of establishment;  
(iv) the contents of the application and drawing, photograph, model or specimen 
attached to the  application; and  
(v) other necessary matters.  
(4) With regard to the design for which secrecy is requested under Article 14, 
paragraph  (1), notwithstanding the preceding paragraph, matters provided for in 
item (iv) of the preceding Article must  be publish ed without delay after the lapse of 
the period designated pursuant to  Article 14 , paragraph  (1). 
 
(Duration of design rights)  
Article 21(1) The duration of a design right (excluding the design right of a Related 
Design) shall expire  after a period of 25 years from the date of the application for 
design registration.  
(2) The duration of a design right of a Related Design shall expire  after a period of 
25 years from the date of the application for design registration  of its Fundamental  
Design.  
 
(Transfer of the design right of a Related Design)  
Article 22  (1) A design right of a Fundamental  Design and that of its Related Design 
may not be transferred independently of each other.  
(2) Where the design right of a Fundamental  Design has been extinguished pursuant 
to Article 44 , paragraph  (4), appeal and trial  decision to the effect that the design 
right of a Fundamental  Design is to be invalidated has become final and binding, 
or the design right of a Fundamental  Design has been waived, the design right of 
its Related Design thereof may not be transferred inde pendently.  
 
(Effect of design right)   Article 23 A holder of a design right has the exclusive right to work the registered 
design and designs similar thereto as a business; provided, however, that where 
an exclusive license regarding the design right is gra nted to a licensee, this does  
not apply to the extent that the exclusive licensee is licensed to exclusively work 
the registered design and designs similar thereto.  
 
(Scope of registered design ) 
Article 24  (1) The scope of a registered design must  be determined based upon the 
design stated in the application and depicted in the drawing or represented in 
the, photograph, model or specimen attached to the application.  
(2) Whether a registered design is identical with or similar to another design must  
be determined based upon the aesthetic impression that the designs would create 
through the eye of their consumers.  
 
Article 25  (1) A request may be made to the  Japan  Patent Office for its advisory 
opinion on the scope of a registered design and designs s imilar thereto.  
(2) Where a request under the preceding paragraph is made, the Commissioner of 
the Patent Office must  designate three administrative judges to make an 
advisory opinion on the requested matter.  
(3) The provisions of Article 71 , paragraphs  (3) and (4) of the Patent Act  apply 
mutatis mutandis to the advisory opinion under paragraph (1).  
 
Article 25 -2 (1) Where a Commissioner of the Patent Office is requested  by a court 
to provide  an expert opinion on the scope of a registered design and desig ns 
similar thereto, the Commissioner of the Patent Office must  appoint three 
administrative judges and direct them to provide an expert opinion on the 
requested matter.  
(2) The provisions of Article 71 -2, paragraph  (2) of the Patent Act appl y mutatis 
mutandis to the request  of an expert opinion prescribed in the preceding paragraph.  
 
(Relationship to registered designs held by others)  
Article 26  (1) Where a registered design uses another person's registered design, 
patented invention or registered utility model for which an application was filed 
prior to the date of filing of the application for the design, or a design similar to 
another person's registered design, or where part of a design right pertaining to 
the reg istered design is in conflict with another person's patent right, utility 
model right or trademark right obtained based on an application filed prior to the 
date of filing of the application for the registered design, or copyright which arose 
prior to the date of filing of the application for the registered design, the holder of 
the design right or exclusive licensee or non -exclusive licensees of the design 
right may not work the registered design as a business.   (2) Where a design similar to a registered de sign uses another person's registered 
design, patented invention or registered utility model for which an application 
was filed prior to the date of filing of the application for the design, or a design 
similar to another person's registered design, or whe re part of a design right 
pertaining to designs similar to the registered design is in conflict with another 
person's design right, patent right, utility model right or trademark right 
obtained based on an application filed prior to the date of filing of t he application 
for the registered design, or copyright which arose prior to the date of filing of the 
application for the registered design, the holder of the design right or exclusive 
licensee or non -exclusive licensees of the design right may not work the similar 
design as a business.  
 
(Special provisions for pertaining to transfer of a design right)  
Article 26 -2 (1) Where a design registration falls under the requirements provided 
for in Article 48 , paragraph  (1), item (i) (limited to cases where the design 
registration has been granted obtained in violation of Article 38 of the Patent Act 
as applied mutatis mutandis in Article 15 , paragraph  (1)) or in Article 48 , 
paragraph  (1), item (iii), a person who has the right to obtain a design 
registration on the design pertaining to the design registration may, pursuant to 
the provision of an Order  of the Ministry of Economy, Trade and Industry, 
request an owner the holder of the design right to transfer the design right as 
provided by an Order  of the Ministry  of Economy, Trade and Industry.  
(2) A request with regard to the design right of a Fundamental  Design or a Related 
Design under the preceding paragraph may not be filed after any of the right of 
its Fundamental  Design or its Related Design has  been extinct , unless the extinct  
design right has been deemed never to have existed from the beginning pursuant 
to Article 49.  
(3) Where the transfer of a design right has been registered based on the request 
under paragra ph (1), the design right is deemed to have belonged to a person who 
has obtained the registration from the beginning. The same applies to the right to 
claim on the design pertaining to the design right under Article 60 -12 (1). 
(4) Where a share of a jointl y owned design right is transferred based on the 
request under paragraph (1),  the provisions of Article 73 , paragraph  (1) of the 
Patent Act as applied mutatis mutandis pursuant to Article 36 of this Act do not 
apply.  
 
(Exclusive license)  
Article 27  (1) A holder of a design right may grant an exclusive license on the design 
right; provided, however, an exclusive license on  a design right of a Fundamental  
Design or exclusive licenses on design rights of its Related Designs may be granted 
only where all the exclusive licenses on the design rights of the Fundamental   Design and its Related Designs are granted to the same person at the same time.  
(2) An exclusive licensee has an exclusive right to work the registered design or 
designs similar thereto as a business to the extent permitted by the contract 
granting the license.  
(3) Wher e the design right of a Fundamental  Design is extin ct pursuant to  Article 
44, paragraph  (4), appeal and trial  decision of invalidation of a  design right of a 
Fundamental  Design become s final and binding, or the design right of a 
Fundamental  Design has been waived, exclusive licenses on design rights of its 
Related Designs may be granted only where all the exclusive licenses on the 
design rights of the Related Designs are granted to the same person at the same 
time.  
(4) The provisions of Articles 77 , paragraph  (3) through (5) (Transfer ), Article  97, 
paragraph  (2) (Waiver ) and Article 98, paragraph  (1), item (ii) and  paragraph  (2) 
(Effect of Registration ) of the Patent Act appl y mutatis mutandis to exclusive 
licenses.  
 
(Non -exclusive license)  
Article 28  (1) A holder of a design right may grant a non -exclusive license on the 
design right to any third party.  
(2) A non -exclusive licensee has a right to work the registered design or designs 
similar thereto as a business to the extent prescribed by this Act or permitted by 
the contract granting the license.  
(3) The provisions of Article 73 , paragraph  (1) (Joint Ownership),  Articles  97, 
paragrap h (3) (Waiver ) and 99  (Perfection  of a Non-exclusive License ) of the 
Patent Act appl y mutatis mutandis to non -exclusive licenses.  
 
(Non -exclusive license based on prior use)  
Article 29 A person who, without knowledge of a design in an application for design 
registration, created a design identical or similar to the design, or a person who, 
without knowledge of a design in an application for design registration, learned of 
the design from a person who created a design identical or simila r to the design, 
and has been working the design or a design similar thereto or preparing for the 
working of the design or a design similar thereto in Japan at the time of the filing 
of the application for design registration (where the application for des ign 
registration is deemed to have been filed at the time of submission of the written 
amendment of proceedings  pursuant to  Article 9 -2 or Article 17-3, paragraph  (1) 
(including the cases where it is applied mutatis mutandis pursuant to Article 50 , 
paragraph  (1) (including the cases where it is applied mutatis mutandis pursuant 
to Article 57 , paragraph  (1)), at the time of filing the original application or the 
written amendment of proceedings), has a non -exclusive license on the design  right, only t o the extent of the design and the purpose of the business worked or 
prepared.  
 
(Non -exclusive license based on prior application)  
Article 29 -2 A person who, without knowledge of a design in an application for 
design registration, created a design identical or similar to the design, or a person 
who, without knowledge of a design in an application for design registration, 
learned the d esign from a person who created a design identical or similar to the 
design, and has been working the design or a design similar thereto or preparing 
for the working of the design or a design similar thereto in Japan at the time of 
the filing of the applic ation for design registration (excluding a person falling 
under the preceding paragraph), has a non -exclusive license on the design right, 
only if both of the following conditions are satisfied and only to the extent of the 
design and the purpose of the business of the work ing or the business being 
prepared  for the working :. 
(i) the person filed an application for design registration of the design in the 
application for design registration or design similar thereto prior to the date of 
filing of the applica tion, and has been working the design in the application or 
preparing for the working of the design in the application, and  
(ii) with regard to the application for design registration filed by the person as 
prescribed in the preceding item, an examiner's d ecision or appeal and trial  
decision to the effect that the application is to be refused on the ground that the 
design in the application falls under any of items of Article 3 , paragraph (1) has 
become final and binding.  
 
(Non -exclusive licenses on the ground of  the working of the design prior to the 
before registration of transfer of a design right)  
Article 29 -3 A person who had a design right, an exclusive license on the design 
right or a non -exclusive license on the desi gn right or the exclusive license at the 
time of the registration of transfer of design right based on the request pursuant 
to Article 26 -2, paragraph  (1), and is doing a business consisting of working the 
design in Japan or is preparing the business, before the registration of transfer of 
the design right, without knowledge that the design registration falls under the 
requirements as provided in Article 48 , paragraph  (1), item (i) (limited to cases 
where the design registration has been obtained in vio lation of Article 38 of the 
Patent Act as applied mutatis mutandis in Article 15 , paragraph  (1) of this Act) 
or Article 48 , paragraph  (1), item (iii), has a non -exclusive license on the design 
right only to the extent of the design and the purpose of the business of the 
work ing or the business being prepared  for the working . 
(2) The holder of a design right shall have a right to receive reasonable compensation  
from the non -exclusive licensee under the preceding paragraph.    
(Non -exclusive license due to the working of the design prior to the registration of 
the request for invalidation trial)  
Article 30 (1) A person falling under any of the following items, who is doing a 
business of working a design or a design similar thereto in Japan or preparing 
the business, before the registration of a request for invalidation trial of the 
design registration, without knowledge that the design registration falls under 
any of the items of Article 48 , paragraph  (1), has a non -exclusive license 
regarding the invalidated design right or the exclusive license existing at the 
time of the invalidation, only to the extent of the design and the purpose of the 
business worked or prepared:  
(i) the original holder of a design righ t in the case where one of two or more 
design registrations granted for the same or similar design has been 
invalidated,  
(ii) the original holder of a design right in the case where, after a design 
registration has been invalidated, a design registration i s granted to the person 
who is entitled to obtain a design registration for the same or similar design,  
(iii) in the case referred to in items (i) and (ii), a person that, at the time of the 
registration of the request for invalidation trial of design regi stration, has an 
exclusive license regarding the design right pertaining to the design 
registration invalidated, or a non -exclusive license regarding the design right 
or an exclusive license on the design right  
(2) The holder of a design right or the exclu sive licensee has a right to receive 
reasonable consideration from the non -exclusive licensee pursuant to  the 
preceding paragraph.  
 
(Non -exclusive license after expiration of duration of design right ) 
Article 31  (1) Where part of a design right that pertains to designs similar to the 
registered design with regard to an application for a design registration filed on 
or before the date of filing of a design application is in conflict with the design 
right with regar d to the design application, the original holder of design right, 
upon expiration of the duration of the design right, has a non -exclusive license on 
the design right or on the exclusive license actually existing at the tie of 
expiration of the duration of  the design right, limited to the extent of the original 
design right.  
(2) The provisions of preceding paragraph apply mutatis mutandis to the case 
where a patent right or utility model right with regard to an application for 
registration filed on or befor e the date of filing of a design application is in 
conflict with the design right with regard to the design application upon 
expiration of the duration of the patent right or utility model right.  
  Article 32  (1) Where part of a design right that pertains t o designs similar to the 
registered design with regard to an application for a design registration filed on 
or before the date of filing of a design application is in conflict with the design 
right with regard to the design application, a person who, at th e time of 
expiration of the duration of the design right, actually owns the exclusive license 
on the expired design right, or a non -exclusive license on the design right or on 
the exclusive license , upon expiration of the duration of the design right, has a 
non-exclusive license on the design right or on the exclusive license actually 
existing at the time of expiration of the duration of the design right, limited to 
the extent of the original right.  
(2) The provisions of preceding paragraph apply mutatis mutandis to the case 
where a patent right or utility model right with regard to an application for 
registration filed on or before the date of filing of a design application is in 
conflict with the design right with regard t o the design application upon 
expiration of the duration of the patent right or utility model right.  
(3) The holder of a design right or the exclusive licensee has a right to receive 
reasonable consideration from the non -exclusive licensee pursuant to  the 
preceding two paragraphs.  
 
(Award granting non -exclusive license)  
Article 33  (1) Where a registered design or a design similar thereto falls under any 
of the cases as provided in Article 26, the holder or exclusive licensee of the 
design right may request the other person under the Article to discuss granting a 
non-exclusive license to work the registered design or a design similar thereto or 
a non -exclusive license on the patent right or the utility model right.  
(2) The other person under Article 26 who is  requested to discuss  under the 
preceding paragraph may request the holder of design right or exclusive licensee 
requesting the discussion  to discuss granting a non -exclusive license to the extent 
of the registered design or a design similar thereto that the holder of design right 
or exclusive licensee intends to work with a non -exclusive license on the design 
right, on the patent right or on the utility model right granted through 
consultations  
(3) Where no agreement is reached by the discussion  or it is not possible  to discuss  
as provided in paragraph (1), the holder of design right or the exclusive licensee 
may request the Commissioner of the Patent Office for an award.  
(4) Where no agreement is reached by consultations or no consultations are able to 
be held as provided in paragraph (2) and where a request for an award is filed 
under the preceding paragraph, the other person under Article 26 may request 
the Commissioner of the Patent Office for an award only within the time limit for 
the submission of a written answer by that other person designated by the 
Commissioner of the Patent Office pursuant to  Article 84 of the Patent Act as  applied mutatis mutandis under paragraph (7) .  
(5) In the case of paragraph (3) or (4), the Commissioner of the Patent Office may 
not render an award to the effect that a non -exclusive license is to be granted 
where the granting of the non -exclusive license will be unreasonably prejudicial 
to the interests of the other person under Article 26, the holder of design right or 
the exclu sive licensee.  
(6) In the case of paragraph (4), beyond  the case provided for in the preceding 
paragraph, the Commissioner of the Patent Office may not render an award 
ordering a non -exclusive license to be granted if an award ordering a non-
exclusive license to be granted is not rendered with respect to the request for an 
award under paragraph (3).  
(7) The provisions of Articles 84, 84 -2, 85 , paragraph  (1) and 86  through  91-2 
(Procedures  for Award ) of the Patent Act apply mutatis mutandis to the award 
under paragraph (3) or (4).  
 
(Transfer  of non -exclusive license)  
Article 34  (1) Except for a non -exclusive license granted by an award under 
paragraph (3) or (4) of the preceding Article, Article 92 , paragraph  (3) of the 
Patent Act or  Article 22 , paragraph  (3) of the Utility Model Act, a non -exclusive 
license may be transferred only where the business involving the working of the 
relevant design is also transferred, where the consent of the holder of a design 
right (or, in the case of a non -exclusive license on the exclusive license, the holder 
of a design right and the exclusive licensee) is obtained and where the transfer 
occurs as a result of general succession including inheritance.  
(2) Except for a non -exclusive license granted by an award under paragraph (3) or 
(4) of the preceding Article, Article 92 , paragraph  (3) of the Patent Act or Article 
22, paragraph  (3) of the Utility Model Act, a non -exclusive licensee may establish 
a right of pledge on the non -exclusive right only whe re the consent of the holder 
of a design right (or, in the case of a non -exclusive license on the exclusive 
license, the holder of a design right and the exclusive licensee) is obtained.  
(3) Where a non -exclusive license is granted by an award under paragr aph (3) of the 
preceding Article, Article 92 , paragraph  (3) of the Patent Act or Article 22 , 
paragraph  (3) of the Utility Model Act, the non -exclusive license is transferred 
together with the design right, patent right or utility model right of the non -
exclusive licensee on which the non -exclusive license is granted and the business 
involving the working of the relevant design in the case where each right is 
transferred together with the business, and cease to exist  in the case where each 
right of the non -exclusive licensee is extinguished or transferred independently of 
the business.  
(4) A non -exclusive license granted by an award under paragraph (4) of the 
preceding Article is transferred together with the design right, patent right or  utility model right of the non -exclusive licensee on which the non -exclusive 
license is granted, and ceases to exist  in the case where the design right, patent 
right or utility model right  ceases to exist . 
 
(Right of pledge)  
Article 35  (1) Unless otherwise agreed by contract, where a right of pledge is 
established on a design right, exclusive license or non -exclusive license, the 
pledge may not work the registered design or design similar thereto.  
(2) The provisions of Article 96  (extension of a right of pledge to the  proceeds of the 
patent right ) of the Patent Act apply mutatis mutandis to a right of pledge 
established on a design right, exclusive license or non -exclusive license.  
(3) The provisions of Article 98 , paragraph  (1), item (iii) and paragraph (2) (Effect of  
Registration ) of the Patent Act apply mutatis mutandis to a right of pledge 
established on a design right or exclusive license.  
 
(Application mutatis mutandis of provisions of the Patent Act)  
Article 36 The provisions of Article  69, paragraphs  (1) and (2) (Limitations of 
Patent Right),  Article s73 (Jointly -owned Patent Rights ), 76 (Forfeiture  of Patent 
Rights  in Absence  of an H eir), 97, paragraph (1) (Waiver of Patent Right)  and 98 , 
paragraph  (1), items (i) and (ii) (Effect of Registration ) of th e Patent Act apply 
mutatis mutandis to design rights.  
 
Section 2 Infringement of rights  
 
(Right to seek injunction)  
Article 37  (1) A holder of a design right or an exclusive licensee may demand of a 
person who infringes or is likely to infringe the design right or exclusive license 
to stop or prevent the infringement.  
(2) In making a demand under the preceding paragraph, the holder of a design right 
or an exclusive licensee may demand measures necessary for the prevention of such 
infringements including the disposal of articles, buildings or graphic images 
(including a computer program, etc.  that ha s a function to display the graphic 
image; the same shall apply hereinafter except in Articles 64 and 6 5(i) ) or a 
recording medium that has recorded  the graphic image or a device incorporating 
the graphic image (hereinafter referred to as a "general graphic image recording 
medium, etc."), or a computer program , etc.  (except for a computer program , etc.  
that have a function to display the graphic image; the same shall apply hereinafter) 
or a recording medium  that has recorded computer program , etc.  or a device 
recording computer program , etc. (hereinafter referred to as a "recording medium, 
etc. containing computer program, etc. ") constituting such an act of infringement 
and the removal of the  facilities used for the act of infringement.   (3) With regard to a design for which secrecy is requested pursuant to  Article 14 , 
paragraph  (1), the holder of the design right or the exclusive licensee may not make 
a demand under paragraph (1) unless  that p erson  has given warning with 
documents stating the matters listed in Article 20 , paragraph  (3) and certified by 
the Commissioner of the Patent Office.  
 
(Acts Deemed to constitute infringement)  
Article 38 The following acts are deemed to constitute infringement of a design 
right or an exclusive license:  
(i) Acts falling under  any of  the following that are conducted with regard to  any 
article, or computer program, etc . or recording medium, etc.  containing computer 
program , etc., to be used exclusively for the manufacturing  of the article to the 
registered design or a design  similar thereto as a business : 
(a) acts of manufacturing, assigning, leasing, or importing, or offe ring for 
assignment or lease of any article or recording me dium, etc.  containing 
computer program, etc. to be used exclusively  for the manufacturing;  
(b) acts of creating any computer program, etc. to be used exclusively  for the 
manufacturing, or providing it through an electric telecommunication line or 
offer ing for the provision ; 
(ii) Acts falling under  any of the following that are conducted with regard to any 
article, or computer program, etc. or recording medi um, etc. containing computer  
program, etc., to be used for the manufacturing of the article t o the registered 
design or a design similar thereto ( excluding  cases where these are widely 
distributed within  Japan), which are indispensable  for an aesthetic impression 
that the registered design or a design similar thereto would create through the 
eye, as a business , with knowledge that  the design is a registered design or a 
design similar thereto and that the article or computer program etc., or the 
recording medium etc. containing computer  program, etc., is used for the working  
of the design:  
(a) acts of manufacturing, assigning, leasing, or importing, or offer ing for 
assignment or lease of any article or the recording medium, etc. containing 
computer  program, etc. to be used for the manufacturing;  
(b) acts of creating any computer program, etc. to be  used for the manufacturing, 
or providing it through an electric telecommunication line or offering  for the 
provision ; 
(iii) Acts of possessing an article to the registered design or a design similar thereto 
for the purpose of assigning, leasing or exporting it as a business ; 
(iv) Acts falling under  any of the following  that are conducted with regard to any 
article , or computer prog ram, etc. or recording medium, etc. containing computer  
program, etc., to be used exclusively  for the building of the building to the 
registered design or a design similar thereto  as a business :  (a) acts of manufacturing, assigning, leasing, or importing, or offering for 
assignment or lease of any article or recording medium, etc. containing 
computer  program, etc. to be used exclusively  for the building;  
(b) acts of creating any computer program, etc. to be used exclusively  for the 
building, or providing it through an electric telecommunication line or offering  
for the provision ; 
(v) Acts falling under any of the following that are conducted with regard to any 
article , or computer program, etc. or the recording medi um, etc. containing 
computer  program, etc., to be used for the building of the building to the registered 
design or a design  similar thereto ( excluding  cases where these are widely 
distributed within  Japan), which are indispensable for an aesthetic impression 
that the registered design or a design similar thereto would create through the eye, 
as a business,  with knowledge that  the design is a registered design or a design 
similar thereto and that the article , or computer program etc. or the recording 
medium etc. containing computer  program, etc., is used for the working  of the 
design:  
 (a) acts of manufacturing, assigning, leasing, or importing, or offering  for 
assignment or lease of any article or recording medium, etc. containing 
computer  program, etc. to be used for the building;  
(b) acts of creating any computer program, etc. to be used for the building, or 
providing it through an electric telecommunication line or offering for the 
provision ; 
 
(vi) Acts of owning a buil ding to the registered design, or a design similar  thereto  for 
the purpose of assigning  or leasing it  as a business ; 
(vii) Acts falling under  any of the following that are conducted with regard to any 
article , or graphic image or general graphic image recording medium, etc., or 
computer program, etc. or recording medium, etc. containing computer  program, 
etc., to be used exclusively  for the creating of the graphic image to the registered 
design or a design similar thereto  as a business : 
(a) acts o f manufacturing, assigning, leasing, or importing, or offering for assignment 
or lease of any article or general graphic image recording medium, etc., or 
recording medium, etc. containing computer  program, etc., to be used exclusively  
for the creating;  
(b) acts of creating any graphic image or computer program, etc. to be used 
exclusively for the creating, or providing it through an electric telecommunication 
line or offering for the provision ; 
(viii) Acts falling under  any of the following that are conducted with regard to any 
article, graphic image or general graphic image recording medium, etc., or 
computer program, etc. or the recording medi um, etc. containing computer  program , etc., to be used for the creating of the graphic image to the registered 
design or a design similar thereto ( excluding  cases where these are widely 
distributed within  Japan), which are indispensable for an aesthetic impression 
that the registered design or a design similar thereto  would create through the 
eye, as a business,  with knowledge that  the design is  a registered design or a 
design similar thereto and that articles, graphic images or general graphic image 
recording medium, etc., or computer program, etc. or the recording me dium, etc. 
containing computer program , etc., is used for the working  of the design:  
(a) acts of manufacturing, assigning, leasing, or importing, or offering  for assignment 
or lease of any article or general graphic image recording medium, etc., or 
recording medium, etc. containing computer program , etc., to be used exclusively 
for the creating;  
(b) acts of creating any graphic image or computer program, etc. to be used for the 
creating, or providing it through an ele ctric telecommunication line or offering for 
the provision ; 
(ix) Acts of holding a graphic image to the registered design or a design similar 
thereto for the purpose of providing it through an electric telecommunication line 
as a business , or acts of possessing a graphic i mage recording medium, etc. to the  
registered design or a design similar thereto for the purpose of assigning, leasing, 
or exporting it as a business.  
 
(Presumption of Amount of Damage , etc.)  
Article 39(1) Where a holder of design rig ht or an exclusive licensee claims against 
an infringer compensation for damage  sustained as a result of the intentional or 
negligent infringement of the design right or exclusive license, and the infringer 
assigned articles that constitute  the act of infr ingement, the amount of damages 
sustained by the holder of design right or the exclusive licensee may be presumed 
to be the total of the amounts written in each of the following items . 
(i) the amount of profit per unit of the articles  which would have been sold by the 
holder of design right or the exclusive licensee if there had been no such act of 
infringement, multiplied by the portion not exceeding the quantity ( if there are 
circumstances due to which the holder of design right or t he exclusive licensee 
would have been unable to sell the quantity of articles equivalent to all  or part  
of the portion,  the quantity  due to such  circumstances (referred to as specified 
quantity in the same item) shall  be deducted ) proportionate to the abil ity of the 
holder of design right or the exclusive licensee to work the articles (referred to 
as working equivalent quantity in the same item) within the quantity of articles 
assigned by the infringer who has committed the infringement of the design 
right or exclusive license (referred to in the next item as assigned quantity) ; 
(ii) the amount equivalent to the amount of money to be received for the working   of the registered design to the design right or exclusive license according to the 
quantity in the ca se where there is a quantity that exceeds the working 
equivalent quantity within  the assigned quantity, or a specified quantity 
(except in the case where it is not recognized that the holder of design right or 
the exclusive licensee  would have been able to  establish the exclusive license or 
grant a non -exclusive license on the design right of the holder of design right, 
or grant a non -exclusive license on the exclusive license of the exclusive 
licensee ). 
(2) Where a holder of design right or an exclusive licensee claims against an 
infringer compensation for damages sustained as a result of the intentional or 
negligent infringement of the design right or exclusive license, and the infringer 
earned profits f rom the act of infringement, the amount of profits earned by the 
infringer is presumed to be the amount of damages sustained by the holder of  the 
design right or exclusive licensee.  
(3) A holder of a design right or an exclusive licensee may claim against an 
infringer compensation for damages sustained as a result of the intentional or 
negligent infringement of the design right or exclusive license, by regarding the 
amount the holder of the design right or exclusive licensee would have been 
entitled to rece ive for the working of the registered design or design similar 
thereto as the amount of damages sustained.  
(4) When a court determines the amount equivalent to the amount of money to be 
received for the working  of the registered design provided in paragrap h (1) item 
(ii) and the preceding paragraph, the court may take consideration compensation 
which the holder of design right or the exclusive licensee would obtain if the 
holder of design right or the exclusive licensee agreed on the compensation of the 
working of the registered design  relating to the design  right or the exclusive 
license with the infringer  on the premise that the design right or exclusive license 
had been infringed.  
(5) Paragraph  (3) shall  not prevent any relevant party from claiming compensation 
for damages in an amount exceeding the amount provided for therein. In such a 
case, where the infringer committed the infringement of the design right or 
exclusive license without intent or gross ne gligence, the court may take these 
circumstances into consideration in determining the amount of damages.  
 
(Presumption of negligence)  
Article 40 An infringer of a design right or an exclusive license of another person is 
presumed negligent in the commissi on of the act of infringement; provided, 
however, that this does  not apply to a design for which secrecy is requested 
pursuant to  Article 14 , paragraph  (1). 
 
(Application mutatis mutandis of provisions of the Patent Act)   Article 41 The provisions of Articles 104 -2 through  105(Obligation to clarify the 
specific conditions, restrictions  on the exercise of rights of patentee, etc., 
limitation to assertion restriction on claim, production  submission of documents, 
etc.), Articles 105 -2-12 to 105 -6 (expert opinion for calculation of damages, 
determination  of reasonable damages, protective order, rescission of protective 
order and notice , etc.  of a request inspection of  record , etc.)  and Article 106 
(Measures to Restore  Credibility)  apply mutatis mutandis to infringement of a 
design right or an exclusive license.  
 
Section 3 Registration Fees  
 
(Registration fees)  
Article 42  (1) A person obtaining the registration establishing a design right, or a 
holder of a design right, must  pay as registration fees the amount specified by 
Cabinet Order not exceeding 16,900 yen , for each design registration and for each 
year to the expirati on of the duration as provided in Article 21:  
(2) The provisions of preceding paragraph do not apply to design rights belonging to 
the State.  
(3) Notwithstanding the provisions of paragraph (1), where a design right is jointly 
owned by the State and any ot her persons, and the portions of their respective 
shares of the design right have been agreed upon, the registration fees payable 
under paragraph (1) is determined as the sum calculated by multiplying the 
applicable registration fees as provided in paragraph (1) by the ratio of the share 
of persons other than the State, and the persons other than the State must  pay 
the amounts.  
(4) For the amount of regist ration fees calculated pursuant to  the preceding 
paragraph, a figure with  less than ten yen  is rounded down . 
(5) The payment of registration fees under paragraph (1) must  be made by patent 
revenue stamps as provided by an Order  of the Ministry of Economy, Trade and 
Industry; provided, however, that where so provided by an Order  of the Ministry 
of Economy, Trade and Industry, a cash payment thereof is accept able. 
 
(Time limit for payment of registration fees)  
Article 43  (1) The registration fee for the first year under Article 42 , paragraph  (1), 
must  be paid within 30 days from the date on which a certified copy of the 
examiner's decision or the appeal and trial  decision to the effect that the design is 
to be registered has been served.  
(2) The registration fees for each year from the second and subse quent years under 
Article 42 , paragraph  (1) must  be paid by the end of the previous year.  
(3) The Commissioner of the Patent Office may, upon a request by a person by 
whom the registration fees are to be paid, extend the time limit under paragraph  (1) by a period not exceeding 30 days.  
(4) Where, due to reasons beyond the control of a person who pays registration fees, 
the person is unable to pay the registration fees within the time limit as provided 
in paragraph (1) (where the time limit under the preced ing paragraph is 
extended, within the extended time limit), the person may, notwithstanding 
paragraph (1), pay the registration fees within 14 days (where overseas resident, 
within two months) from the date on which the reasons ceased to be applicable, 
but not later than six months following the expiration of the time limit.  
 
(Payment of registration fees by interested persons)  
Article 43 -2 (1) An interested person may pay the registration fees even against the 
will of the person by whom the registration fe es are to be paid.  
(2) The interested person who has paid the registration fees pursuant to  the 
preceding paragraph may request the reimbursement of the expenses arising 
therefrom to the extent of the actual benefit obtained by the person by whom the 
paten t fees were to be paid.  
 
(Late payment of registration fees)  
Article 44  (1) Where a holder of a design right is unable to pay the registration fees 
within the time limit  prescribed in  Article 43 , paragraph  (2), the holder of the 
design right may make a late payment of the registration fees after the expiration 
of the time limit, but not later than 6 months following the expiration of the time 
limit.  
(2) The holder of the design right who makes a late payment of the registration fees 
pursuant to  the prece ding paragraph must  pay, beyond  the registration fees to be 
paid pursuant to  Article 42 , paragraph  (1), a registration surcharge in the same 
amount as the registration fees ; provided, however, that if the holder of the 
design right is unable to pay the registration fees within the time limit prescribed 
in Article 43, paragraph (2)  due to reasons beyond the  control  of the holder of the 
design right, the holder of the design right is not required to pay the registration 
surcharge . 
(3) The payment of the re gistration surcharge under the preceding paragraph must  
be made by patent revenue stamps as provided by an Order  of the Ministry of 
Economy, Trade  and Industry; provided, however, that where so provided by an 
Order  of the Ministry of Economy, Trade and Industry, a cash payment thereof is 
accept able. 
(4) Where a holder of a design right fails to pay, within the time limit for late 
payment of the regi stration fees pursuant to  paragraph (1), the registration fees 
and the registration surcharge to be paid under paragraph (2), the design right is 
deemed to have ceased to exist  retroactively upon expiration of the time limit as 
provided in the Article 43 , paragraph  (2).   
(Restoration of design right by late payment of registration fees)  
Article 44 -2 (1) An original holder of a design right which was deemed to have been 
extinguished pursuant to  paragraph (4) of the preceding Article may make a late 
payment of the registration fees and the registration surcharge prescribed in  
Article 44 , paragraph  (4) as provided by an  Order of the Ministry of Economy, 
Trade and Industry  within two months from the date on which the original holder 
becomes able to pay the registration fees and the registration surcharge , but not 
later than one year following the expiration of the time limit  during which the 
late payment of the registration fees is allowed under  Article 44, paragraph (1) ; 
provided, however, that this does not apply if the original holder is found to have 
intentionally failed to pay the registration fees and t he registration surcharge 
within the time limit during which the late payment of the registration fees is 
allowed under  Article 44, paragraph (1) . 
(2) Where the registration fees and the surcharge are paid under the preceding 
paragraph, the design right is deemed to have been maintained retroactively from 
the time of expiration of the time limit as provided in Article 43, paragraph  (2). 
 
(Restriction on effect of restored design right)  
Article 44 -3(1) Where a design right has been restored under  paragraph (2) of the 
preceding Article, such  design right shall  not be effective against an article or 
graphic image record ing medium, etc., to the registered design or a design similar 
thereto, which was imported into, or manufactured  or acquired within Japan, a 
building to the registered design or a design similar thereto, which was built or 
acquired within Japan, or an graphic image to the r egistered design or a design 
similar thereto, which was created  or acquired within Japan after the lapse of the 
time limit during which the late payment of the registration fees is allowed under  
Article 44(1) but before the registration of the restoration of the design right.  
(2) A design right restored pursuant to  paragraph 2 of the preceding Article  is not 
effective against the following acts conducted after the lapse of the time limit 
during which the late payment of the registration fees is allowed purs uant to  
Article 44 , paragraph (1) but before the registration of the restoration of the 
design right:  
(i) the using  of the registered design or a design similar thereto;  
(ii) Acts falling under any of the following that are conducted with regard to  any 
article, or computer program, etc. or the recording medium , etc. containing 
computer program , etc.,  to be used for the manufacturing of the article to the 
registered design or a design similar thereto : 
(a) acts of manufacturing, assigning, leasing, or importing, or offering  for 
assignment or lease of any article or recording medium, etc. containing computer  program , etc., to be used for the m anufacturing;   
(b) acts of creating any computer program, etc. to be  used for the creating, or 
providing it through an electric telecommunication line or offering for the 
provision ; 
(iii) Acts of  possessing an article to the registered design or a design similar thereto 
for the purpose of assigning, leasing or exporting it ; 
(iv) Acts falling under  any of the following that are conducted with regard to any  article , 
or computer program, etc. or reco rding medium, etc. containing computer program , 
etc., to be used for the building of the building to the registered design or a design 
similar thereto:  
(a) acts of manufacturing, assigning, leasing, or importing, or offering for 
assignment or lease of any article , or recording medium, etc. containing 
computer program , etc., to be used for the building;   
(b) acts of creating any computer program, etc. to be  used for the building, or 
providing it through an electric telecommunication line or offering for the 
provision ; 
(v) Acts of owning a building  to the registered design or a design similar thereto  for 
the purpose of assig ning  or leas ing it; 
(vi) Acts falling under  any of the following that are conducted with regard to any 
article , or graphic image or general graphic image recording medium, etc., or 
a computer program, etc. or recording medium, etc. containing computer 
program , etc., to be used for the creating of the graphic image to the registered 
design or a design similar thereto:   
(a) acts of manufacturing, assigning, leasing, or importing, or offering for 
assignment or lease of any article or general graphic image recording medium, 
etc., or recordi ng medium, etc. containing computer program , etc., to be used 
for the creating;   
(b) acts of creating any graphic image or computer program, etc. to be  used for 
the creating, or providing it through an electric telecommunication line  or 
offering for the provision ; 
(vii) Acts of holding a graphic image to the registered design or a design similar 
thereto for the purpose of providing  it through an electric telecommunication line , 
or acts of possessing a graphic image recording medium, e tc. to the registered 
design or a design similar thereto for the purpose of assigning, leasing, or 
exporting  it. 
 
(Application mutatis mutandis of provisions of the Patent Act)  
Article 45 The provisions of Article 111, paragraphs  (1) (excluding  item (iii)) 
through  (3) (Refund of patent fees) of the Patent Act apply mutatis mutandis to 
registration fees.  
  Chapter V Trials and Appeals  
 
(Appeal against  a Rejection ) 
Article 46  (1) A person who has received an examiner's decision to the effect that an 
application is to be refused and is dissatisfied may file a request for an appeal 
against a rejection  within three months from the date the certified copy of the 
examiner's decision  has been served.  
(2) Where, due to reasons beyond the control of the person, the person is unable to 
file a request for appeal against a rejection  within the time limit as provided in 
the preceding paragraph, the person may, notwithstanding the paragraph,  file 
the request within 14 days (where overseas resident, within two months) from the 
date on which the reasons ceased to be applicable, but not later than six months 
following the expiration of the time limit.  
 
(Appeal against  dismissal of request for correction ) 
Article 47  (1) A person who has received an examiner's decision to dismiss an 
amendment prescribed in  Article 17 -2, paragraph  (1) and is dissatisfied may file a 
request for an appeal against  dismissal of request for correction  within three 
mont hs from the date on which the certified copy of the examiner's decision has 
been served; provided, however, that this does  not apply where a new application 
for design registration prescribed in  Article 17 -3, paragraph  (1) has been filed.  
(2) The provisions of p aragraph  (2) of the preceding Article apply mutatis mutandis 
to a request for appeal against  dismissal of request for correction . 
 
(Invalidation trial of design registration)  
Article 48  (1) Where a design registration falls under any of the following, a request 
for invalidation trial of design registration may be filed.  
(i) where the design registration has been granted in violation of Articles 3, 3 -2, 
5, 9, paragraph  (1) or (2), and Article 10, paragraph  (6) of this Act, Article  38 of 
the Patent Act as applied mutatis mutandis under Article 15 , paragraph  (1) of 
this Act, or Articles 25 of the Patent Act as applied mutatis mutandis under 
Article 68 , paragraph  (3) of this Act (where the design registration has been 
obtained in violation of Article 38 as applied mutatis mutandis under Article 
15, paragraph  (1), excluding the case where the transfer of a design right 
pertaining to the design has been registered based on the request under Article 
26-2, paragraph  (1)). 
(ii) where the design regi stration has been granted in violation of a treaty;  
(iii) where the design registration has been granted on an application for design 
registration filed by a person who has not had the right to obtain the design 
registration for the design (excluding the case where the transfer of a design 
right pertaining to the design registration has been registered based on the  request under Article 26 -2, paragraph  (1)); and  
(iv) where, after the grant of a design registration, the holder of the design right 
has become unable to hold a design right pursuant to  Article 25  of the Patent 
Act as applied mutatis mutandis under Article 68 , paragraph  (3) of this Act, or 
the design registration has become in violation of a treaty.  
(2) Any person may file a request for invalidation trial of design registration; 
provided, however, that where a request for invalidation trial of design 
registration is filed on the ground that the design registration falls under item (i) 
of the preceding paragraph (limited to cases where the design registration is 
obtained in violation of Article 38 of  the Patent Act as applied mutatis mutandis 
under Article 15 , paragraph  (1) of this Act) or item (iii) of the preceding 
paragraph, only a person who has the right to obtain a design registration 
pertaining to the design registration may file a request for invalidation trial of 
design registration.  
(3) A request for invalidation trial of design registration may be filed even after the 
lapse of the design right.  
(4) Where a request for invalidation trial of design registration has been filed, the 
chief admini strative judge must  notify the exclusive licensee of the design right 
and other persons who have any registered rights relating to the design 
registration.  
 
Article 49 Where a trial decision to the effect that a design registration is to be 
invalidated has become final and binding, the design right is deemed never to 
have existed; provided, however, that where a design registration falls under 
paragraph (1), i tem (iv) of the preceding Article and where a trial decision to 
the effect that the design registration is to be invalidated has become final and 
binding, the design right is deemed not to have existed from the time the item 
first became applicable to the design registration.  
 
(Application mutatis mutandis of provisions on examination)  
Article 50  (1) Article 17 -2 and Article 17 -3 apply mutatis mutandis to an appeal 
against a rejection . In this case, the term "three months" in Article 17 -2, 
paragraph  (3) and 17 -3, paragraph  (1) is deemed to be replaced with "thirty 
days," and the term "files a request for an appeal against" in Article 17 -2, 
paragraph  (4) is deemed to be replaced with "institutes, under Article 59 , 
paragraph  (1), an action against."  
(2) The provisions of Article 18 apply mutatis mutandis where a request for appeal 
against a rejection  is found to have reasonable grounds; provided, however, that 
this does  not apply where a trial decision is made to order a further examination 
to be carried out pursuant to  Article 161 , paragraph  (1) of the Patent Act as 
applied mutatis mutandis under Article 52.   (3) The provisions of Article 50  (notice of reasons for refusa l) of the Patent Act 
apply mutatis mutandis where a reason for refusal which was not contained in an 
examiner's decision is found in appeal against  a rejection . 
 
(Special provisions for appeal against  dismissal of request for correction ) 
Article 51 Where appeal decision is made to rescind an examiner's ruling in appeal 
against  dismissal of request for correction , the decision made in the appeal 
decision bind s upon the examiner with respect to the case.  
 
(Application mutatis mutandis of provisions of the Patent Act)  
Article 52 The provisions of Article 131, paragraphs (1) and (2), Articles 131 -2 
(excluding items paragraphs(1 ), item ( iii) and paragraph (2), item ( i)) through134 , 
135 through154 , 155 , paragraphs (1) and (2), 156 , paragraphs (1), (3) and (4), 
Articles 157, 158, 160 , paragraphs (1) and (2), Articles 161, and 167 through170 
(request for appeal and trial, administrative judge, procedures of appeal and trial, 
relation to litigation and costs of appeal and trial) of the Patent Act apply mutatis 
mutandis to appeal and trial. In this case, the term ", in appeal and trial other than 
invalidation trial, notify" in Article 156 , paragraph (1) is deemed to be replaced with 
"notify" the term "appeal against a rejection " in Article 161 and t he term "appeal 
against a rejection  and correction trial" in Article 169 , paragraph (3) of the Act is 
deemed to be replaced with "an appeal against a rejection  and appeal against 
dismissal of request for correction ." 
 
Chapter VI Retrial and Litigation  
 
(Request for retrial)  
Article 53  (1) A party or an intervenor may file a request for a retrial against a final 
and binding trial decision.  
(2) The provisions of Article  338, paragraph s (1) and (2), and Article  339 (Grounds 
for retrial) of the Code of Civil Procedure (Act No.109 of 1996) apply mutatis 
mutandis to a request for a retrial under the preceding paragraph.  
 
Article 54  (1) Where a demandant for a trial, in conspiracy with the demandee, has 
caused the trial decision to be rendered for the purpo se of harming the right or 
interest of a third party, the third party may file a request for a retrial against 
the final and binding trial decision.  
(2) A request for a retrial under the preceding paragraph must  be filed against the 
demandant and the deman dee in the trial as joint demandees.  
 
(Restriction on effect of design right restored by retrial)  
Article 55(1) Where a design right pertaining to an invalidated design registration  has been restored by a retrial, such  design right shall  not be effective against any 
article or graphic image record ing medium, etc., to the registered design or a design 
similar thereto, which was imported into , or manufactured or acquired within  
Japan without knowledge,  a building to the registered design or a desig n similar 
thereto, which was built or acquired within Japan without knowledge, or graphic 
image to the registered design or a design similar thereto, which was created or 
acquired within Japan without knowledge  after the trial decision became final and 
binding but before the registration of the request for a retrial.  
(2) Where a design right pertaining to an invalidated design registration has been 
restored by a retrial, that design right is not effective against the following acts 
conducted after the trial  decision became final and binding but before the 
registration of the request for a retrial:  
(i) using  of the design or a design similar thereto without knowledge;  
(ii) Acts falling under  any of the following that are conducted with regard to any  
article , or computer program, etc. or recording medium , etc. containing 
computer program , etc.,  to be used for the manufacturing of the article to the 
registered design or a design similar thereto without knowledge : 
(a) acts of manufacturing, assigning, leasing, or importing, or offering  for 
assignment or lease of any article or recording medium, etc. containing 
computer program , etc. to be used for the manufacturing;  
(b) acts of creating any computer program, etc. to be  used for the manufacturing, or 
providing it through an electric telecommunication line  or offering for the 
provision ; 
(iii) possessing an article to the registered design or a design similar thereto for 
the purpose of assigning, leasing or exporting it ;  
(iv) Acts falling under  any of the following that are conducted with regard to any  
article, or computer program, etc. or recording medium, etc. containing 
computer program , etc., to be used for the building of the building to the 
registered design or a des ign similar thereto without knowledge:  
(a) acts of manufacturing, assigning, leasing, or importing, or offering  for 
assignment or lease of any article or recording medium, etc. containing 
computer program , etc. to be used for the building;  
(b) acts of creating any computer program, etc. to be  used for the building, or 
providing it through an electric telecommunication line  or offering for the 
provision ; 
(v) Acts of owning a building to the registered design or a design similar thereto 
for the pu rpose of assign ing or leas ing it  without knowledge;  
(vi) Acts falling under  to any of the following that are conducted with regard to any 
article, or graphic image or general graphic image recording medium, etc., or 
computer program, etc. or recording medi um, etc. containing computer program , 
etc., to be used for the creating of the graphic image to the registered design or  a design similar thereto without knowledge:  
(a) acts of manufacturing, assigning, leasing, or importing, or offering for 
assignment or lease of any article or general graphic image recording medium, 
etc., or recording medium, etc. containing computer program , etc., to be used 
for the creating;  
(b) acts of creating any graphic image or computer program, etc. to be  used fo r 
the creating, or providing it through an electric telecommunication line  or 
offering for the provision ; 
(vii) Acts of holding a graphic image to the registered design or a design similar 
thereto for the purpose of providing it through an electric telecom munication 
line, or acts of possessing a graphic image recording medium, etc. to the 
registered design or a design similar thereto for the purpose of assigning, 
leasing or exporting it without knowledge.  
 
Article 56 Where a design right pertaining to an invalidated design registration has 
been restored through a retrial or where the establishment of a design right with 
respect to an application for design registration refused by a trial decision has 
been re gistered through a retrial, and where a person has, without knowledge, 
been working  the design or a design similar thereto in Japan or has, without 
knowledge, been making preparations therefor, after the trial decision became 
final and binding but before t he registration of the demand for a retrial, the 
person has a non -exclusive license on the design right, to the extent of the design 
and the purpose of the business worked  or prepared.  
 
(Application mutatis mutandis of provisions on trial)  
Article 57  (1) The provisions of Article 50, paragraphs  (1) and (3) appl y mutatis 
mutandis to a retrial against a final and binding trial decision in appeal against a 
rejection . 
(2) The provisions of Article 51 appl y mutatis mutandis to a retrial against a final 
and binding trial decision in appeal against an examiner's ruling dismissing an 
amendment.  
 
(Application mutatis mutandis of provisions of the Patent Act)  
Article 58  (1) The provisions of Articles 173 and 174 , paragraph  (5) of the Patent 
Act apply mutatis mutandis to a retrial.  
(2) The provisions of Articles 131 , paragraph (1), the main clause of Article 131-2, 
paragraph (1), Article 132, paragraphs (3) and (4), Articles 133, 133 -2, 134 , 
paragraph (4),Articles  135 through  147, 150 through152 , 155 , paragraph 
(1),Article  156, paragraphs (1), (3) and (4), Articles 157, 158, 160, the main clause 
of Article 167-2,Articles  168, 169 , paragraph (3) through  (6), and Article 170 of 
the Patent Act apply mutatis mutandis to a r etrial against a final and binding  trial decision in appeal against a rejection.  In this case, the term "appeal against 
a rejection  and a trial for correction" in Article 169 , paragraph (3) of the Act is 
deemed to be replaced with "appeal against a rejecti on." 
(3) The provisions of A rticles 131 , paragraph (1), the main clause of Article 131-2, 
paragraph (1), Article 132, paragraph (3) and (4), Articles133 , 133 -2, 134 , 
paragraph (4), 135 through  147, 150 through152 , 155 , paragraph (1), Article 156, 
paragraphs (1), (3) and (4), 157, the main clause of Articles 167-2, 168, 169 , 
paragraphs (3) through  (6), and Article 170 of the Patent Act apply mutatis 
mutandis to a retrial against a final and binding appeal and trial decision in 
appeal against dismi ssal of request for correction.  In this case, the term "appeal 
against a rejection  and correction trial" in Article 169 , paragraph (3) of the Act is 
deemed to be replaced with "appeal against dismissal of request for correction ." 
(4) The provisions of Article 174 , paragraph  (3) of the Patent Act appl y mutatis 
mutandis to retrial against a final and binding trial decision in invalidation trial 
of design registration  
 
(Actions against appeal and trial  decisions ) 
Article 59 (1) The Tokyo High Court has exclusive jurisdiction over any action 
against appeal and trial  decision, a ruling dismissing an amendment under 
Article 17 -2, paragraph  (1) as applied mutatis mutandis under Article 50 , 
paragraph  (1) (including its application under Article 57 , paragraph  (1)), and a 
ruling to dismiss a written request for appeal and trial  or a retrial.  
(2) The provisions of Articles 178 , paragraph  (2) through  (6) (Statute of limitations 
for filing an action ), 179 (Appropriate party as defendant), 180 , paragraph  (1) 
(Notice of institution of action) and 180 -2 through  182 (Opinion of the 
Commissioner of the Patent Office in litigation rescinding the appeal and trial  
decision, rescission of the appeal and trial  decisi on or ruling and delivery of 
original copy of judgment) of the Patent Act appl y mutatis mutandis to an action 
under the preceding paragraph. In this case, the term "necessary for identifying 
claims pertaining to an action with respect to which" in Article 182, item  (ii) is 
deemed to be replaced with "stating that ". 
 
(Action against amount of compensation)  
Article 60  (1) A person  who has received an award under Article 33 , paragraph  (3) 
or (4) may, if not satisfied with the amount of the compensation determined in 
the award, institute an action demanding an increase or decrease of the amount.  
(2) The provisions of Articles 183 , paragraph  (2) (Statute of Limitations  for Filing  
an Action ) and 184  (The Proper Defendant ) of the Patent Act apply mutatis 
mutandis to an action under the preceding paragraph.  
  Article 60 -2 Deleted  
 
Chapter VI -2 Special Provisions based on Geneva Act of The Hague  Agreement 
concerning the International Registration of Industrial Designs  
 
Section 1 Application for International Registration  
 
(Application for International registration)  
Article 60 -3 (1) A Japanese national or a foreign national domiciled or resident (or, 
in the case of a  corporation , with a business office) in Japan may file to the 
Commissioner of the Patent Office an international application as provided in 
Article 1  (vii) of Geneva Act of the Hague  Agreement concerning the 
International Registration of Industrial Designs (hereinafter referred to as 
"Geneva Act") (hereinafter referred to as "international application"). In this case, 
where the requirements as provided by Order  of the Ministry of Econ omy, Trade 
and Industry are satisfied, two or more persons may jointly file an international 
application.  
(2) A person filing an international application under the preceding paragraph 
(hereinafter referred to as "application for international registration ") must  
submit an application written in a foreign language and necessary materials as 
provided by Order  of the Ministry of Economy, Trade and Industry.  
 
(Application mutatis mutandis  of provisions related to applications for design 
registration)  
Article 60 -4 The provisions of Articles 17 , paragraph  (3) (limited to the part 
pertaining to item (iii)) and 18 , paragraph  (1) of the Patent Act as applied 
mutatis mutandis under Article 68 , paragraph  (2) of this Act appl y mutatis 
mutandis to the application for international registration.  
 
(Delegation to Order  of the Ministry of Economy, Trade and Industry)  
Article 60 -5 Beyond  those prescribed in the preceding two Articles, details of 
matters n ecessary for enforcing Geneva Act and the rules under Geneva Act 
relating to application for international registration are prescribed by Order  of 
the Ministry of Economy, Trade and Industry.  
 
Section 2 Special Provisions Concerning International Applications for 
Design Registration (Article 60 -6 through  Article 60 -23) 
 
(Application for design registration based on International Application)  
Article 60 -6 (1) An international application designating Japan as a designated 
Contracting Party prescribed in  Article 1  (xix) of Geneva Act, where publication  of an international registration prescribed in  Article 1  (vi) of Geneva Act 
(hereinafter referred to as "international registration") pertaining to the 
International Application (hereinafter referred to as "international publication") 
have been made under Article 10  (3)(a) of Geneva Act is deemed to be an 
application for design registration filed on an inter national registration date 
prescribed in  Article 10  (2) of Geneva Act  
(2) For the purpose of application of the preceding paragraph to an international 
application including two or more designs, "an application for design registration 
filed" in the paragra ph is replaced with  "an application for design registration 
filed for each design that is the subject of an international registration".  
(3) Matters listed in the left columns of the following table recorded on 
International Register prescribed in Article 1 (viii) of Geneva Act (hereinafter 
referred to as "International Register") pertaining to an international application 
deemed to be an application for design registration pursuant to paragraph (1) 
(including cases of replacing pursuant to the preceding pa ragraph) (hereinafter 
referred to as "international application for design registration") is deemed to be 
the matters listed in the right columns of the table stated in an application 
submitted pursuant to Article 6 , paragraph  (1) of this Act.  
 
the name, and domicile or residence of 
the registered person of an 
international registration;   
the name, and domicile or residence of 
the applicant for design registration ; 
 
the name and the domicile  of a person 
who has created a design that is  the 
subject o f an international registration ;  
the name, and the domicile or residence 
of a person who has created a design ; 
 
one or more products that constitute a 
design that is the subject of an 
international registration , or one or 
more products that will use a de sign 
that is the subject of an international 
registration ;  
the article to the design , or the usage of 
the building or graphic image to the 
design ( if the product listed in the left 
column is a building or graphic image, 
limited to the cases where it is possible 
to recognize the usage  of the building or 
the graphic image from the matters 
recorded on the International Register 
to the product);  
(4) The design recorded on International Register concerning international 
applications for design registr ation is deemed to be a design for which 
registration is requested, which is depicted in the drawing submitted pursuant to 
Article 6 , paragraph  (1) of this Act.    
(Special provision for exception to lack of novelty of design)  
Article 60 -7 Notwithstanding the provisions of the main clause of  Article 4, 
paragraph (3), the applicant of an international application for design 
registration that seeks  the application of the provisions of Article 4, paragraph (2) 
may submit to the Com missioner of the Japan Patent Office, after the date of 
international publication, but within  the period  provided by Order of the Ministry 
of Economy, Trade and Industry, a document stating that fact  and a  certificate . 
In this case, the provisions of the proviso in paragraph (3) shall apply mutatis 
mutandis.  
(2) Where  the applicant provided in the preceding paragraph submits a certificate 
to the International Bureau prescribed in Article 1 ( xxviii ) of the Geneva Act  
(hereinafter referred to as the "International Bureau") at the time of submitting 
the international application, for the purpose of application of Article 4, 
paragraph (3), the applicant is deemed to have submitted the certificate to the 
Commissioner of the Patent Office on the  date of international application 
prescribed in Article 10(2) of the Geneva Act.  
 
(Special provision for registration of related designs)  
Article 60 -8 For the purpose of application of Article 10 , paragraph (1) (including 
cases of replacing under  paragrap h (5) of this article, hereinafter the same shall 
apply in this and the next paragraphs) case where either or both of the application 
for design registration of a principal design and the application for design 
registration of a related design are international applications for design 
registration, "or under Article 43 -3, paragraph  (1) or (2)" in the paragraph is 
replaced with "or under Article 43 -3, paragraph  (1) or (2), or Article 6 (1)  (a) of 
Geneva Act."  
(2) For the purpose of the application of  the proviso to Article 10(1) whe n the design 
right of the Principle Design  is a design right based on the international 
registration prescribed in Article 60 -14(2), "Article 4 4(4)" in the proviso to the sa id 
paragraph shall read  "Article 60 -14(2)". 
(3) For the purpose of the application of the proviso to Article 10(8) when  the design 
right of one or more Related Designs pertaining to the Fundamental  Design is a 
design right based on the international registration prescribed in Ar ticle 60 -14(2), 
"Article 4 4(4)" in the sa id paragraph shall read  "Article 4 4(4) or Article 60 -14(2)". 
 
(Special provision for secret designs)  
Article 60 -9 The provisions of Article 14 do not apply to the applicant of an 
international application for design registration.  
 
(Special provisions for procedures for a priority claim under the Paris  Convention)  
Article 60 -10 (1) For the purpose of international applications for design registration,  
the provisions in Article 43 of the Patent Act are to be app lied mutatis mutandis 
in Article 1 5(1) of this Act (including Article 43 -2(2) of the Patent Act to be applied 
mutatis mutandis in Article 1 5(1) of this Act (including its mutatis mutandis 
application in Article 43 -3(3) of the Patent Act) to be applied mutat is mutandis in 
Article 1 5(1) of this Act ) and including its mutatis mutandis application in Article 
43-3(3) of the Patent Act), and Article 43 -2(1) of the Patent  Act to be applied 
mutatis mutandis in Article 1 5(1) of this Act (including its mutatis mutandis 
application in the 43 -3(3) of the Patent Act to be applied mutatis mutandis in 
Article 1 5(1)) of this Act and Article 43 -3(2) of the Patent Act shall not be applied.  
 (2) Article 43(2) to (9) of the Patent Act shall apply mutatis mutandis to a per son 
who has made a declaration of priority under Article 6(1 )(a) of Geneva Act. In this 
case, the term "within one year and four months from the earliest of the following 
dates" in Article 43(2) of the  Patent Act shall be  deemed to be replaced with "within 
the time limit provided by Order  of the Ministry of Economy, Trade and Industry ." 
 
(Special provisions for the right to obtain a design registration)  
Article 60 -11 (1) For the purpose of application of Article 34 , paragra ph (4) of 
Patent Act as applied mutatis mutandis under Article 15 , paragraph  (2) of this 
Act to an international application for design registration,  the term  "except in the 
case of general successions including inheritance, ... the Commissioner of the 
Patent Office " in the paragraph is replaced with "the International Bureau 
prescribed in Article 60-7, paragraph (2) of the Design Act ". 
(2) The provisions of Article 34 , paragraphs  (5) and (6) as applied mutatis mutandis 
under Article 15 , paragraph  (2) of this Act do not apply to the international 
application for design registration.  
 
(Effect of international publication)  
Article 60 -12 (1) After the international publication, where the applicant of an 
international application for design registration  has given warning with 
documents stating the design in the international application for design 
registration, the applicant of the international application for design registration 
may claim the amount of compensation against a person who has worked the 
design in the international application for design registration or designs similar 
thereto, as a business after the warning, prior to the registration establishing a 
design right, as equivalent to the amount  the applicant would be entitled to 
receive for the working of the registered design or designs similar thereto if the 
design in the international application for design registration was the registered 
design. Even where the warning has not been given, the  same appl ies to a person 
who worked the design in the international application for design registration or  designs similar thereto as a business prior to the registration establishing a 
design right, with knowledge of the design having been claimed in the  
international application for design registration that the international 
publication has been effected.  
(2) The provisions of Article 65, p aragraphs (2) through  (6) of Patent Act apply 
mutatis mutandis to the exercise of the right to claim compensation pursuant to 
the preceding paragraph. In this case,  the term  "after the laying open" in 
paragraph (5) of the Article  is replaced with "after international publication", and  
the term  "Articles 101, 104 through  104-3, 105  through  105-2-12, 105 -4 
through 105-7 and "in paragraph (6) of the Article is replaced with "Articles 104 -2 
through 105,105-2-12 and 105 -4 through 105-6 of Patent Act as applied mutatis 
mutandis under Articles 38 and 41 of Design Act, and Patent Act as applied 
mutatis mutandis under Arti cle 52 of Design Act."  
 
(Special provisions for formal requirements  for examiner 's decision  of design 
registration)  
Article 60 -12-2 (1) For the purpose of application of Article 52, paragraph (2) of the 
Patent Act as applied mutatis mutandis pursuant to Article 19 to an 
international application for design registration , the Commissioner of the Patent 
Office may notify th e holder of international registration of the matters stated in 
an examiner's decision (limited to an examiner's decision to the effect that a 
design registration is to be granted  under Article 18 ) via the International 
Bureau  as provided by an Order  of the Ministry of Economy, Trade and Industry , 
in lieu of serving a certified copy of the examiner's decision under Article 52, 
paragraph (2) of the Patent Act as applied  mutatis mutandis  pursuant to Article 
19. 
(2) In the case of the preceding paragraph , the service prescribed in the preceding 
paragraph is deemed to have been made at the time when the notification  under 
the preceding paragraph is recorded in the International Register.  
 
(Special provision for registration of establishment of a design rig ht) 
Article 60 -13 For the purpose of application of Article 20 , paragraph  (2) of this Act 
to an international application for design registration, the term "payment of the 
registration fee for the first year under Article 42, paragraph  (1)" in the 
paragraph is replaced with "decision or the appeal decision to the effect that the 
design is to be registered."  
 
(Effect by extinguishment of international registra tion)  
Article 60 -14 (1) Where international registration on which an international 
application for design registration is based is extinguished, the international 
application for design registration is deemed to have been withdrawn.   (2) A design right obtained t he registration establishment pursuant to Article 20 , 
paragraph  (2) to be applied mutatis mutandis in the preceding paragraph 
(hereinafter referred to as "design right based on international registration")  is 
deemed to have been extinguished where the inte rnational registration is 
extinguished.  
(3) The preceding two paragraphs become effective  as of the date on which the 
international registration is extinguished from the International Register.  
 
(Special provision for pertaining to transfer of a design right of a related design)  
Article 60 -15 For the purpose of application of Article 22 , parag raph  (2) to the 
design right of a Fundamental Design  based on international registration, the 
term "Article 44 , paragraph  (4)" in the paragraph is replaced with "Article 60 -14, 
paragraph  (2)." 
 
(Special provision for creation of an exclusive license on the design right of a 
related design)  
Article 60 -16 For the purpose of application of Article 27 , paragraph  (3) to the 
design right of a Fundamental D esign  based on international registration, the 
term "Article 44 , paragraph  (4)" in the paragraph is replac ed with "Article 60 -14, 
paragraph  (2)." 
 
(Special provisions for waiving a design right)  
Article 60 -17 (1) A person who has a design right based on international 
registration may waive the design right.  
 (2) The provisions of Article 97 , paragraph  (1) of Patent Act as applied mutatis 
mutandis under Article 36 do not apply to the design right based on international 
registration.  
 
(Special provisions for the effect of a design right registration)  
Article 60 -18 (1) Transfer, modification due to trust,  lapse due to abandonment, or 
restriction on disposition of a design right based on international registration 
must be registered to take effect.  
(2) The provisions of Article 98 , paragraph  (1), item (i), and paragraph (2) of Patent 
Act as applied mutatis m utandis under Article 36 do not apply to the design right 
based on international registration.  
 
(Special provisions for registration in the design registry)  
Article 60 -19 (1) For the purpose of application of Article 61 , paragraph  (1), item (i) 
to a design  right based on international registration, the term "establishment, 
transfer, modification due to trust, lapse, restoration or restriction on disposition 
of a design right" in the paragraph is replaced with "establishment, modification  due to trust, extinguishment (limited to extinguishment upon expiration of the 
duration), or restriction on disposition of a design right."  
(2) Transfer or extinguishment (excluding extinguishment upon expiration of the 
duratio n) of a design right based on international registration depends on the 
place at which the design right is registered in the International Register.  
 
(Special provision for Design Gazette ) 
Article 60 -20 For the purpose of application of Article 66 , paragra ph (2), item (i) to 
a design right based on international registration, the term "excluding 
extinguishment under Article 44 , paragraph  (4)) or the restoration thereof 
(limited to restoration under Article 44 -2, paragraph  (2)" in the item is replaced 
with "excluding extinguishment under Article 60 -14, paragraph  (2) (limited to 
extinguishment due to the fact that renewal under Article 17 (2) of Geneva Act 
was not made))."  
 
(Individual designation fee of international applications for design registration)  
Article 60 -21 (1) A person filing international applications for design registration 
must  pay, as the individual designation fee under Article 7 , paragraph  (2) of 
Geneva Act (hereinafter referred to as individual designation fee ), the amount 
equivalent to the amount specified by Cabinet Order not exceeding 100,500  yen 
per case to the International Bureau.  
(2) A person making renewal under Article 17 (2) of Geneva Act with regard to the 
international registration on which an intern ational application for design 
registration or a design right based on the international registration is based  
must  pay, as the individual designation fee, the amounts equivalent to the 
amount specified by Cabinet Order not exceeding 84,500 yen per case t o 
International Bureau.  
(3) The provisions of Articles 42 through 45 and 67 , paragraph  (2) (limited to the 
part listed in item (i) of Appended Table) do not apply to a design right based on 
an international application for design registration or an international 
registration.  
 
(Refund of individual designation fee)  
Article 60 -22 (1) Where an international application for design registration has 
been withdrawn, or decision of refusal or trial decision to the international 
application for design regist ration has become final and binding, amounts as 
provided in Cabinet Order will be refunded upon the request of the person who 
paid the individual designation fee to be paid  pursuant to  paragraph (1) or (2) of 
the preceding Article.  
(2) No request for refun ding the individual designation fee under the preceding 
paragraph may be filed after the expiration of six months from the date on which  the international application for design registration has been withdrawn, or 
decision of refusal or trial decision to t he international application for design 
registration has become final and binding.  
(3) Notwithstanding paragraph (1), where, due to reasons beyond the control of a 
person who files request for refund of the individual designation fee under the 
paragraph, t he person is unable to file the request within the time limit as 
provided in the preceding paragraph, the person may file the request within 14 
days (where overseas resident, within two months) from the date on which the 
reasons ceased to be applicable, bu t not later than six months following the 
expiration of the time limit.  
 
(Delegation to Order  of the Ministry of Economy, Trade and Industry)  
Article 60 -23 Beyond  those prescribed in Articles 60 -6 through  60-22, details of 
matters necessary for enforcing Geneva Act and the rules under Geneva Act will 
be prescribed by Order  of the Ministry of Economy, Trade and Industry.  
 
Chapter VII Miscellaneous Provisions  
 
(Amendment of proceedings)  
Article 60 -24 A perso n undertaking a procedure with regard to an application for 
design registration, a request or any other procedures relating to design 
registration, may make amendments only while the case is pending in 
examination, appeal and trial  or retrial.  
 
(Registration in the design registry)  
Article 61  (1) The following matters  must  be registered in the design registry 
maintained in the Japan Patent Office:  
(i) the establishment, transfer, modification due to trust, lapse, restoration or 
restriction on disposition, of a design right;  
(ii) the establishment, maintenance, transfer, modification, lapse or restriction on 
disposal, of an exclusive license; and  
(iii) the establishment, transfer, modification, lapse or restriction on disposal, of a 
right of pledge on a design right or exclusive license.  
(2) The design registry may be prepared, in whole or in part, in the form of 
magnetic tapes (including other storage media using a similar method that may 
record and reliably store certain matters, the same applies hereinafter.)  
(3) Beyond  those prescribed in this Act, matters relating to registration will be 
prescribed by Cabinet Order.  
 
(Issuance of certificate of design registration)  
Article 62  (1) The Commissioner of the Patent Office issue s the certificate of design  registration to the holder of  the design right where the establishment of a design 
right has been registered or transfer of the design  right has been registered based 
on the request under Article 26 -2, paragraph  (1). 
(2) Re -issuance of the certificate of design registration is prescribed by Order  of the 
Ministry of Economy, Trade and Industry.  
 
(Request for certificate)  
Article 63  (1) Any person may file a request with regard to design registrations to 
the Commissioner of the Patent Office to issue a certificate, a certified copy of 
documents or an extract of documents, to allow the inspection or copying of 
documents, model or speci men, or to issue documents which contain matters 
recorded on the magnetic tapes that constitute the part of the Design Registry; 
provided, however, that if the Commissioner of the Patent Office considers it 
necessary to keep the documents, model or specime n confidential, these 
provision s do not apply to the following documents, model or specimen:  
(i) an application or drawing, photograph, model or specimen attached to an 
application, or any document pertaining to the examination of an application 
for design  registration for which the design has not been registered;  
(ii) documents , model or specimen related to a design for which the secrecy is 
requested pursuant to  Article 14 , paragraph  (1); 
(iii) documents concerning an advisory opinion on the technical scope of a 
registered design, with respect to which a party in the case has given notice 
that a trade secret (meaning a trade secret as provided in Article 2(6) of the 
Unfair Competition Preve ntion Act (Act No. 47 of 1993) ; the same shall apply in 
the next item and  item (v i)) owned by the said party in the case has been 
described;  
(iv) documents concerning  an award to which  parties  or non-parties with  
registered rights relating to the design registration , or a non-exclusive licensee 
that has stated an opinion pursuant  to Article 84 -2 of the Patent Act as applied 
mutatis mutandis under Article 33 , paragraph (7) , have given notice that 
proprietary  trade secret s of those  person s have been described;  
(v) documents  concerning appeal against a rejection  or appeal against dismissal 
of request for correction  requested for an application for design registration for 
which the design has not been registered;  
(vi) documents  concerning invalidation trial of design registration or a retrial of 
the final and binding trial decision in the trial, with respect to which a party in 
the case or intervenor has given notice that a trade secret owned by the party 
in the case or intervenor has been described ; 
(vii) documents  which are liable to cause damage to an individual's reputation or 
peaceful life; and  
(viii) documents  which are liable to cause damage to public order or morality.   (2) Where the Commissioner of the Patent Office approves of the request under the 
main clause of the preceding paragraph with regard to the documents, model or 
specimen as provided in items (i)  through  (vii) of the paragraph, the 
Commissioner of the Patent  Office must  notify the person who submitted the 
documents, model or specimen thereof and reasons therefor.  
(3) The p rovisions  of the Act on Access to Information Held by Administrative 
Organs (Act No. 42 of 1999) do not apply to the documents concerning design 
registrations and the part of the Design Registry stored on magnetic tapes.  
(4) The p rovisions  in Chapter  V, Section 4  of the Act on the Protection of Personal 
Information  (Act No. 5 7 of 2003) do not apply to the possessed personal 
information (refers to the possessed personal information as provided in Article 
60, paragraph  (1) of the Act) recorded in the documents concerning design 
registrations and the part of the Design Registry stored on magnetic tapes.  
 
(Mark of Design Registration)  
Article 64 A holder of a design right, exclusive licensee or non -exclusive licensee shall  
make efforts to place a mark (hereinafter referred to as a "mark of design 
registration ") as provided by an Order  of the Minist ry of Economy, Trade and 
Industry, on the article or package thereof , building, or graphic image or graphic 
image recording medium, etc. , or package thereof  to the registered design or a 
design similar thereto, indicating that the design for the article , building or 
graphic image  has been registere d. 
 
(Prohibition of false marking)  
Article 65 Any person may not  do the following acts:  
(i) putting a mark of design registration or a mark confusing therewith on an 
article or package thereof,  building, or graphic image or graphic image 
recording medium, etc. , or package thereof  which is other than  the article , 
building, or graphic image or graphic image recording medium, etc.  to the 
registered design and to a design similar to the registered d esign;  
(ii) acts falling under  any of the following that are conducted with regard to an 
article , building, or graphic image or graphic image recording medium, etc.  
which is other than  the article , building, or graphic image or graphic image 
recording medi um, etc.  to the registered design and to a design similar to the 
registered design  and which puts  a mark of design registration or a mark 
confusing therewith on the article or package thereof , building, or graphic 
image or graphic image recording medium, e tc., or package  thereof ; 
(a) assigning, leasing, or displaying for  the purpose of  assign ment  or leas e of 
the article, building, or graphic image recording medium, etc.;  
(b) providing the graphic image through an electric telecommunication line or 
displaying  for the provision ;  (iii) acts that falling under  any of the following that are conducted with regard to 
an article, building, or graphic image or graphic image recording medium, etc. 
which is other than the article, building, or graphic image or graphic image 
recording medium, etc. to the registered design and to a design similar to the 
registered design;  
(a) giving in an advertisement an indication to the effect that the article  or 
graphic image recording medium, etc.  is related to the registered design  or a 
design similar thereto , or an indication confusing therewith for the purpose 
of having the article or graphic image recording medium, etc. manufactured 
or used, or assigning or leasing the article  or graphic image recording 
medium, etc. ; 
(b) giving in an advertisement an indication to the effect that the building is 
related to the registered design or a design similar thereto, or an indication 
confusing therewith for the purpo se of having the building build or used, or , 
assigning or leasing the building;  
(c) giving in an advertisement an indication to the effect that the graphic image 
is related to the registered design or a design similar thereto, or an indication 
confusing th erewith for the purpose of having the graphic image created or 
used, or providing the graphic image through an electric telecommunication 
line. 
 
(Design Gazette ) 
Article 66  (1) The Japan Patent Office publish es the Design Gazette  (Isho Koho).  
(2) Beyond  the matters provided for in this Act, the Design Gazette  must  contain:  
(i) the extinguishment of design rights (excluding extinguishment upon 
expiration of the duration and under Article 44 , paragraph  (4)) or the 
restoration thereof (limited to restoration under Article 44 -2, paragraph  (4)); 
(ii) filings for a request for trials or retrials, or withdrawals thereof, or final and 
binding trial decisions or retrial decisions (limited to cases where the 
establishment of a design right has been registered);  
(iii) requests for an award, the withdrawal thereof or a Commissioner's decision; 
and 
(iv) final and binding judgments in an action under Article 59 , paragraph  (1) 
(limited to cases where the establishment  of a design right has been registered)  
(3) Beyond  the matters provided for in the preceding paragraph, with regard to  an 
application for design registration for which an examiner's decision or appeal 
and trial  decision to the effect it is to be refused under the latter sentence of 
Article 9 , paragraph  (2) have become final and binding, the following matters 
must  be publi shed in the Design Gazette . In this case, if secrecy was requested 
pursuant to  Article 14 , paragraph  (1) for any of those applications, with regard to 
all of those applications, the matters prescribed in item (3) below must  be  published without delay after the lapse of the period designated pursuant to  
Article 14  , paragraph  (1) (in the case where secrecy was requested for two or 
more applications, the period which is the longest among the periods of secrecy 
requested for the applications) from the date the examiner's decision or appeal 
and trial  decision became final and binding.  
(i) the name, and domicile or residence of the applicant for design registration;  
(ii) the number and the filing date of the application for design registration;  
(iii) the application and drawing , photograph , model or specimen attached to the 
application; and  
(iv) other necessary matters.  
 
(Fees)  
Article 67  (1) The following persons  must pay fees  in an amount to be provided by 
Cabinet Order in view of the actual costs:  
(i) persons requesting disclosure of a design pursuant to  Article 14  (4); 
(ii) persons notifying of succession pursuant to  Article 34 , paragraph  (4) of the 
Patent Act as applied mutatis mutandis under Article 15 , paragraph  (2) 
(iii) persons filing a request for an extension of period under Article 4 or 5 , 
paragraph  (1) of the Patent Act as applied mutatis mutandis under Article 17 -4, 
43, paragraph  (3) or 68 , paragraph  (1), or a change of the date under Article 5 , 
paragraph  (2) of the Patent Act as applied mutatis mutandis under Article 68 , 
paragraph  (1); 
(iv) persons who file applications for international registration;  
(v) persons filing a request for the re -issuance of the certificate of design 
registration;  
(vi) persons filing a request for the issuance of a certificate pursuant to Article 
63, paragraph  (1); 
(vii) persons filing a request for the issuance of a certified copy of documents or 
an extract of documents pursuant to Article 63 , paragraph  (1): 
(viii) persons filing a request to allow the inspection or copying of documents, 
model or specimen purs uant to  Article 63 , paragraph  (1); and  
(ix) persons filing a request for the issuance of documents which contain matters 
recorded on the magnetic tapes that constitute the part of the Design Registry 
pursuant to  Article 63 , paragraph  (1). 
(2) The persons listed in the center column of the attac hed table must  pay fees in 
the amount as provided by Cabinet Order within the range of the amounts 
specified in the corresponding right -hand column of the table.  
(3) The provisions of the two preceding paragraphs do not apply where the person to 
pay the fe e in accordance with these paragraphs is the State.  
(4) Where the State has joint ownership of a design right or a right to obtain a 
design registration with a person other than the State, and the portion of their  respective shares of the right has been agreed, notwithstanding the provisions of 
paragraph (1) or (2), the fees payable thereunder (limited to those provided by 
Cabinet Order) must  be determined as the sum of the provided fees multiplied by 
the ratios of the shares of each person  other than the State, and, the person other 
than the State must  pay the amounts.  
(5) Where the amount of the fees calculated pursuant to  the preceding paragraphs 
has a figure of less than ten yen, the number must  be rounded down . 
(6) The payment of the fe es under paragraphs (1) and (2) must  be made by patent 
revenue stamps as provided by an Order  of the Ministry of Economy, Trade and 
Industry; provided, however, that where so provided by an Order  of the Ministry 
of Economy, Trade and Industry, a cash payme nt thereof is accept able. 
(7) Fees paid in excess or in error are refunded upon the request of the person who 
made payment thereof.  
(8) No request for a refund of the fees under the preceding paragraph may be filed 
after one year from the date on which the  payment thereof has been made.  
(9) Notwithstanding paragraph (7), where, due to reasons beyond the control of a 
person who files request for refund of fees under the paragraph, the person is 
unable to file the request within the time limit as provided in the preceding 
paragraph, the person may file the request within 14 days (where overseas 
resident, within two months) from the date on which the reasons ceased to be 
applicable, but not later than six months following the expiration of the time 
limit.  
 
(App lication mutatis mutandis of provisions of the Patent Act)  
Article 68  (1) The provisions of Articles 3 through  5(Time Periods  and Dates) of the 
Patent Act apply mutatis mutandis to time periods and time limits provided in 
this Act. In this case, the term "Articles 46 -2, paragraph  (1), item (iii), 108 , 
paragraph  (1), 121 , paragraph  (1) or 173 , paragraph  (1)" in Article 4 of the Patent 
Act is deemed to be replaced with "Articles 43 , paragraph  (1), 46 , paragraph  (1) or 
Article 47 , paragraph  (1), or Article 173 , paragraph  (1) applied mutatis mutandis 
in 58 , paragraph  (1) of the Design Act."  
(2) The provisions of Article 6 through  9, 11 through  16, 17 , paragraph  (3) and 17 , 
paragraph  (4), 18 through  24 and 194 (Procedures) of the Patent Act apply 
mutatis mutandis to an application for design registration, a request, or any 
other procedures relating to design registration. In this case, th e term "hearing 
against a  rejection " in Article 9 of the Patent Act is deemed to be replaced with 
"request for an appeal against a  rejection  and appeal against  dismissal of request 
for correction ." and the term "hearing against a  rejection " in Article 14 of the 
Patent Act is deemed to be replaced with "request for appeal against a  rejection  
and appeal against  dismissal of request for correction ." 
(3) The provisions of Article 25 (Enjoyment of rights by foreign nationals) of the  Patent Act a pply mutatis mutandis to design rights and other rights relating to 
the design registration.  
(4) The provisions of Article 26 (Effect of Treaties) of the Patent Act apply mutatis 
mutandis to the design registration.  
(5) The provisions of Articles 189 through  192 (Service) of the Patent Act apply 
mutatis mutandis to services provided for under this Act.  
(6) The provisions of Article 195 -3 of the Patent Act apply mutatis mutandis to 
dispositions imposed by this Act or an order thereunder.  
(7) The provisions of Article 195 -4 (Restriction on request for review  under 
provisions of Administrative Appeal Act) of the Patent Act apply mutatis 
mutandis to a ruling to dismiss an amendment, an examiner's decision, an appeal 
and trial  decision, or a ruling to dismiss a written request for appeal and trial  or 
retrial, or dispositions against which no appeal lies in accordance with this Act , 
or inaction thereof . 
 
Chapter VIII Penal Provi sions  
 
(Crime of infringement)  
Article 69 A person who infringe  on a design right or exclusive license (excluding 
one who has committed any acts which are deemed to constitute infringement of 
a design right or an exclusive license pursuant to  Article 38) is punished by 
imprisonment for a term not exceeding 10 years or a fine not exceeding 
10,000,000 yen or combination thereof.  
 
Article 69 -2 A person who has committed any acts which are be deemed to 
constitute infringement of a design right or an exclusive li cense pursuant to  
Article 38 is punished by imprisonment for a term not exceeding 5 years or a fine 
not exceeding 5,000,000 yen or combination thereof.  
 
(Crime of fraud)  
Article 70 Any person who has obtained a design registration or appeal and trial  
decis ion by means of a fraudulent act is punished by imprisonment for a term not 
exceeding one year or a fine not exceeding 1,000,000 yen.  
 
(Crime of false marking)  
Article 71 A person who fails to comply with Article 65 is punished by 
imprisonment for a term n ot exceeding one year or a fine not exceeding 1,000,000 
yen. 
 
(Crime of perjury ) 
Article 72  (1) A witness, an expert witness or an interpreter who has sworn  pursuant to  this Act and made a false statement or given a false expert opinion or 
interpretation to the Japan Patent Office or the court commissioned thereby  is 
punished by imprisonment for a term between three months and ten years.  
(2) Where a person who has commit ted the crime in the preceding paragraph has 
made a voluntary confession before a certified copy of the advisory opinion on the 
case has been served or an examiner's decision or appeal and trial  decision has 
become final and binding, the punishment may be reduced or exculpated.  
 
(Crime of divulging secrets)  
Article 73 A present or former official of the Japan Patent Office who has divulged 
any secret relating to a design in a pending application for design registration 
that has become known to them  in the course of performing their  duties, or 
misappropriated the design is punished by imprisonment for a term not  
exceeding one year or a fine not exceeding 500,000 yen.  
 
(Crime of breach of protective order)  
Article 73 -2 (1) A person who fails to comply with an order given under Article 105 -
4, paragraph  (1) of the Patent Act (including its mutatis mutandis application in 
Article 65 , paragraph  (6) of the Act to be applied mutatis mutandis in Article 60 -
12, paragraph  (2)) as applied mutatis mutandis under Article 41 is punished by 
imprisonment for a term not exceeding five years or a fine not exceeding 
5,000,0 00 yen or combination thereof.  
(2) The prosecution of the crime under the preceding paragraph may not be 
initiated unless a complaint is filed.  
(3) The provision s for the crime under paragraph (1) apply to a person who commits 
the crime outside Japan.  
 
(Dual liability)  
Article 74 (1) Where a representative of a corporation or an agent, employee or 
other worker of a  corporation  or an individual has committed in the course of 
performing their duties for the corporation or individual, any act in violation 
prescribed in the following items, beyond the offender, the corporation is 
punished by a fine as provided in the corresponding item and the individual is 
punished by a fine as provided in the Article prescribed in the co rresponding 
item:  
(i) Article 69, 69 -2 or 73 -2, paragraph  (1), a fine not exceeding 300 million yen; 
and 
(ii) Article 70 or 71, a fine not exceeding 30 million yen.  
(2) In the case of the preceding paragraph, the complaint filed under Article 73 -2, 
paragra ph (1) against the offender has effect on the corporation  or individual and 
the complaint filed against the corporation  or individual has effect on the  offender.  
(3) Where a fine is imposed on a corporation  or individual pursuant to  paragraph 
(1) with regard to a violation of Article s 69, 69 -2 or 73 -2, paragraph  (1), the period 
of prescription is governed by the same rules as for crimes in the provisions 
thereof.  
 
(Civil fine)  
Article 75 Where a person who has sworn pursuant to  Article 207 , paragraph  (1) of 
the Code of Civil Procedure as applied mutatis mutandis under Article 151 of the 
Patent Act as applied mutatis mutandis under Article 71 , paragraph  (3) of the 
Patent Act as a pplied mutatis mutandis under Article 25 , paragraph  (3) of this 
Act, Article s 52, 58 , paragraph  (2) or (3) of this Act, or Article 174 , paragraph  (3) 
of the Patent Act as applied mutatis mutandis under Article 58 , paragraph  (4) of 
this Act has made a false statement before the Japan Patent Office or a court 
commissioned thereby, the person is punished by a civil fine not exceeding 
100,000 yen.  
 
Article 76 A person who has been summoned by the Japan Patent Office or a court 
commissioned thereby in accordance with this Act, and fails to appear or refuses 
to swear, make a statement, testify, give an expert opinion or interpret without a 
justifiable reason is punished by a civil fine not exceeding 100,000 yen.  
 
Article 77 A person  who has been ordered by the Japan Patent Office or a court 
commissioned thereby to submit or present documents or other materials for the 
purpose of examination or preservation of evidence in accordance with this Act 
and fails to comply with the order without a justifiable reason is punish ed by a 
civil fine not exceeding 100,000 yen.  
 
Supplementary provisions (Extract)  
 
Appended Table (In relation to Article 67)  
 
  
The person (s) who shall pay fees   
Amounts  
 
1  
A person filing an application for design registration   
16,000 yen per case  
 
2  
A person filing a request for secrecy of the design under 
Article 14(1)   
5,100 yen per case    
3  
A person undertaking any of the procedures pursuant to 
Article 43 -2, paragraph (1) of the Patent Act as applied 
mutatis mutandis pursuant to Article 15, par agraph (1) of 
this Act(including the case where it is applied mutatis 
mutandis pursuant to Article 43 -3, paragraph (3) of the 
Patent Act as applied mutatis mutandis pursuant to 
Article 15, paragraph (1) of this Act), or Article 44 -2, 
paragraph (1) of this Act(excluding a person who needs to 
undertake any of the procedures prescribed in these 
provisions due to reasons beyond the person's control)   
25,000 yen per case  
 
4  
A person requesting an advisory opinion under Article 
25(1)   
40,000 yen per case  
 
5  
Persons filing a request for an extension of a period under 
Article 5(3) of the Patent Act as applied mutatis mutandis 
under Article 68(1) of this Act (except for the period 
designated in Article 50 of the Patent Act as applied 
mutatis mutandis under Artic le 19 of this Act)   
7,200 yen per case  
 
6  
Persons filing a request for an extension of period under 
Article 5(3) of the Patent Act as applied mutatis mutandis 
under Article 68(1) of this Act (limited for the period 
designated in Article 50 of the Patent Act as applied 
mutatis mutandis in Article 19 of this Act)   
7,200 yen per case  
 
7  
A person requesting an award   
55,000 yen per case  
 
8  
A person requesting canceling of an award   
27,500 yen per case  
 
9  
A person filing a request for appeal and trial or retrial   
55,000 yen per case  
 
1
0  
A person applying for intervention in appeal and trial or 
retrial   
55,000 yen per case